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CITY OF HOBART v. TOWN OF MERRILLVILLE

No. 3-1178A303.

401 N.E.2d 726 (1980)

CITY OF HOBART and Common Council of the City of Hobart, Appellants-Plaintiffs, v. TOWN OF MERRILLVILLE, the Town Board of Trustees of the Town of Merrillville, Standard Liquors, Inc., of Gary, and Ribordy Drugs, Inc., Appellees-Defendants.

Court of Appeals of Indiana, Fourth District.

Rehearing Denied April 16, 1980.

Attorney(s) appearing for the Case

Thomas Greenberg and James A. Holcomb, Lucas, Clifford & Holcomb, Merrillville, Theodore L. Sendak, Atty. Gen., Michael Gene Worden, Deputy Atty. Gen., Indianapolis, for appellants-plaintiffs.

Fred M. Cuppy, Gerald K. Hrebec, J. Philip Klingeberger, Merrillville, for appellees-defendants.

CHIPMAN, Judge.

This is a suit for declaratory and injunctive relief by the City of Hobart against the Town of Merrillville. The City sought to have declared void the Town's Ordinance No. 74-18 which purported to annex certain real property located near the City of Hobart. Landowners in the annexed area were permitted to intervene. The trial court granted summary judgment in favor of the Town and Intervenors and the City appealed. We reverse.

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