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CITY OF SOUTH BEND v. BROOKSFIELD FARM

No. 3-780A205.

418 N.E.2d 305 (1981)

CITY OF SOUTH BEND, Appellant-Defendant, v. BROOKSFIELD FARM, Appellee-Plaintiff.

Court of Appeals of Indiana, Third District.

Rehearing Denied May 7, 1981.

Attorney(s) appearing for the Case

Richard L. Hill, City Atty., James A. Masters, Deputy City Atty., South Bend, for appellant-defendant.

F. Richard Kramer, Brian S. Schuster, Kramer, Jaicomo & Snyder, South Bend, for appellee-plaintiff.

STATON, Judge.

Brooksfield Farm (Farm) filed a declaratory judgment action seeking the invalidation of an assessment, made by the City of South Bend (City), for the construction of a sewer system. The Farm alleged that the proceeding, with respect to the method of determination of the assessment, was defective in that it did not comply with the requirements of IC 1971, 19-2-7-1 et seq. After the City had failed to file any responsive pleading within 20 days...

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