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AERONAUTICS COM'N v. STATE EX REL. EMMIS BROADCASTING CORPORATION

No. 2-981 A 314.

440 N.E.2d 700 (1982)

AERONAUTICS COMMISSION OF INDIANA, Appellant (Defendant below), v. THE STATE OF INDIANA EX REL. EMMIS BROADCASTING CORPORATION, Appellee (Plaintiff below).

Court of Appeals of Indiana, Second District.

Rehearing Denied December 15, 1982.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Stephen J. Cuthbert, Deputy Atty. Gen., Indianapolis, for appellant.

Ronald E. Elberger, David R. Day, Bose, McKinney & Evans, Indianapolis, for appellee.

SHIELDS, Judge.

The State of Indiana, on behalf of appellant Aeronautics Commission of Indiana (ACI) I.C. 8-21-1-3 (Burns Code Ed.) (now repealed),1 appeals the judgment of the trial court enjoining the ACI from exercising jurisdiction over the construction, by Emmis Broadcasting Corporation (Emmis), of a guyed FM radio tower in Shelby County, Indiana.

Reversed and remanded.

On March 23, 1979 Emmis entered into an agreement...

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