CROWN INTERN., ETC. v. CITY OF ELKHART

No. 3-1181A294.

434 N.E.2d 921 (1982)

CROWN INTERNATIONAL, Bock Industries, Inc., et al., Plaintiffs-Appellants, v. CITY OF ELKHART, Defendant-Appellee.

Court of Appeals of Indiana, Third District.

May 6, 1982.


Attorney(s) appearing for the Case

Lee F. Mellinger, Mellinger & Bowers, Elkhart, for plaintiffs-appellants.

William J. Nye, David T. Stutsman, Stutsman & Stevens, Elkhart, for defendant-appellee.


GARRARD, Judge.

This is an appeal from the dismissal of an annexation proceeding pursuant to Indiana Rules of Procedure, Trial Rule 41(E).

In 1974 the City of Elkhart enacted an ordinance to annex the territory involved in this appeal. A remonstrance was filed and was promptly determined to be adequate as to the required number of property owners. The original trial setting was continued and, despite periodic settings, the case languished. Finally, in January...

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