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LANGBEHN v. TOWN OF MERRILLVILLE

No. 3-780A187.

413 N.E.2d 680 (1980)

Donald J. LANGBEHN and Margaret E. Langbehn, Plaintiffs-Appellants, v. TOWN OF MERRILLVILLE, Defendant-Appellee.

Court of Appeals of Indiana, Fourth District.

December 23, 1980.

Attorney(s) appearing for the Case

Nick Katich, Addison, Stoner, Stiles & Katich, P.C., Merrillville, for plaintiffs-appellants.

Gerald K. Hrebec, Fred M. Cuppy, George W. Carberry, Merrillville, for defendant-appellee.

CHIPMAN, Judge.

The Town of Merrillville, by ordinance, annexed an adjacent area land which included real property owned by the Langbehns. A declaratory judgment as to the validity of the ordinance was sought by the Langbehns and they bring this appeal from a summary judgment granted in favor of the town. We reverse.

The Langbehns have raised the following issues:

I. Whether the requirements of Ind. Code 18-5-10-32 are conditions precedent to a valid...

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