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HIGHLAND REALTY, INC. v. INDIANAPOLIS, ETC

No. 2-1276A463.

395 N.E.2d 1259 (1979)

HIGHLAND REALTY, INC., Appellant (Defendant below), v. INDIANAPOLIS AIRPORT AUTHORITY, Appellee (Plaintiff below).

Court of Appeals of Indiana, Second District.

October 17, 1979.

Attorney(s) appearing for the Case

David H. Kleiman, Paul S. Elkin, Dann, Pecar, Newman, Talesnick & Kleiman, Indianapolis, for appellant.

Chalmer Schlosser, Jr., William L. Schlosser, Schlosser, White & Schlosser, Frank J. Otte, Indianapolis, for appellee.

BUCHANAN, Chief Judge.

CASE SUMMARY

Appellant-defendant Highland Realty, Inc. (Highland) appeals from a judgment permitting the Indianapolis Airport Authority (Airport) to condemn its property, claiming the Airport had no authority to seize the land, that the seizure was neither necessary nor for a public purpose, and that no effort to purchase was made prior to suit.

We affirm in part and reverse in part.

FACTS

On March 6, 1976...

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