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CITY OF MISHAWAKA v. FRED W. BUBB, ETC.

No. 3-279A34.

396 N.E.2d 943 (1979)

CITY OF MISHAWAKA, Indiana, On Behalf of Its Department of Redevelopment, Appellant-Plaintiff, v. FRED W. BUBB FUNERAL CHAPEL, Inc., Appellee-Defendant.

Court of Appeals of Indiana, Third District.

Rehearing Denied January 14, 1980.

Attorney(s) appearing for the Case

R. Wyatt Mick, Jr., David V. Bent, Mishawaka, for appellant-plaintiff.

John W. Schindler Jr., Schindler & Olson, Mishawaka, for appellee-defendant.

HOFFMAN, Judge.

As a part of its federally-funded downtown business district renewal program, the Department of Redevelopment of the City of Mishawaka (the City) sought to acquire certain real estate owned and used by Fred W. Bubb Funeral Chapel, Inc. (Bubb). When Bubb rejected an offer to purchase the property the City instituted condemnation proceedings. Trial was had on Bubb's amended objections to the condemnation, which were thereafter overruled.

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