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IND. STATE HIGHWAY COM'N v. ZILIAK

No. 1-880A203.

428 N.E.2d 275 (1981)

INDIANA STATE HIGHWAY COMMISSION, Appellant-Plaintiff, v. Cletus ZILIAK and Ernestine Ziliak, Appellees-Defendants.

Court of Appeals of Indiana, First District.

November 30, 1981.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Michael Gene Worden, Asst. Atty. Gen., Indianapolis, for appellant-plaintiff.

Ronald Warrum, Evansville, for appellees-defendants.

RATLIFF, Judge.

STATEMENT OF THE CASE

The Indiana State Highway Commission appeals from a negative judgment upon its complaint for injunctive relief. We affirm.

STATEMENT OF THE FACTS

Beginning in 1972 the Indiana State Highway Commission, pursuant to statutory authority, proposed to construct Interstate Highway I-164 in Vanderburgh County, Indiana, from Interstate 64 south to State Road 62 on the eastern edge of the county. Cletus and...

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