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STATE EX REL. BOARD OF AVIATION COMMISSIONERS v. KOSCIUSKO CTY. SUPER. CT.

No. 981S229.

430 N.E.2d 754 (1982)

STATE of Indiana On the Relation of the Board of Aviation Commissioners of the City of Warsaw, Indiana, Relator, v. KOSCIUSKO COUNTY SUPERIOR COURT AND THE HONORABLE ROBERT BURNER, As Judge Thereof, Respondents.

Supreme Court of Indiana.

January 8, 1982.

Attorney(s) appearing for the Case

Ronald E. Elberger, Daniel C. Emerson, Bose, McKinney & Evans, Indianapolis, for relator; Bose, McKinney & Evans, Indianapolis, David M. Whitesell, Warsaw, of counsel.

Linley E. Pearson, Atty. Gen., George B. Huff, Jr., Deputy Atty. Gen., Indianapolis, Benton E. Gates, Jr., Gates & Gates, Columbia City, John P. Geberin, William M. Dalton, III, Bowser, Geberin & Dalton, Max E. Reed, Reed & Earhart, Michael E. Armey, Rasor, Harris, Lemon & Reed, Warsaw, for respondents.

ORIGINAL ACTION

HUNTER, Justice.

This is an original action brought by relator following our denial of a temporary writ of mandate and prohibition on September 9, 1981. The issue raised by relator is whether a demand for a jury trial in eminent domain proceedings must be filed within thirty days of the filing of the initial complaint, or whether it may be filed after the filing of the exceptions to the appraisers' report. The trial court found that either...

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