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CITIZENS OF UNINCORPORATED TOWN, ETC. v. GORE

No. 3-479A102.

409 N.E.2d 1228 (1980)

CITIZENS OF THE UNINCORPORATED TOWN OF HERON BAY, Appellants (Defendants below), v. Chester GORE and Dorothy Gore, Appellees (Plaintiffs below).

Court of Appeals of Indiana, Third District.

September 24, 1980.

Attorney(s) appearing for the Case

Michael W. Lautzenheiser, Boonstra, Chovanec & Truitt, Markle, for appellants.

Rex L. Reed, Rasor, Harris, Lemon & Reed, Warsaw, for appellees.

HOFFMAN, Judge.

On November 22, 1977, Chester and Dorothy Gore filed with the Kosciusko Circuit Court a petition for vacation of a portion of roadway. The petition basically alleged the following facts: 1) the petitioners are the owners of property within Heron Bay; 2) the petitioners desire to vacate a described strip of land; 3) the described land is a portion of a platted roadway which has never been improved or used by the public; 4) the petitioners own all land...

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