CITY OF MISHAWAKA v. SARA

No. 3-1077A271.

396 N.E.2d 946 (1979)

CITY OF MISHAWAKA, On Behalf of Its Department of Redevelopment, Plaintiff-Appellant, v. Tofica SARA, Burkhart Advertising, Inc., Mid City Motors Corporation, and Aloysius J. Kromkowski, As Treasurer of St. Joseph County, Indiana, Defendants-Appellees.

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 plaintiff-appellant.

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

Lawrence C. DiNardo, Thornburg, McGill, Deahl, Harman, Carey & Murray, South Bend, for defendant-appellee Burkhart Advertising, Inc.


HOFFMAN, Judge.

The Department of Redevelopment of the City of Mishawaka (the City) offered to purchase a certain parcel of real estate owned by Mrs. Tofica Sara (Sara) as a part of its federally-funded downtown urban renewal project. Sara rejected the offer and the City filed this suit to acquire the property by condemnation.

Sara objected to the condemnation, claiming that she had not been given an opportunity to accompany the City's appraiser as required...

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