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J.J. NEWBERRY CO. v. CITY OF EAST CHICAGO

No. 3-1080A331.

441 N.E.2d 39 (1982)

J.J. NEWBERRY COMPANY, a Delaware Corporation, Appellant (Defendant below), v. CITY OF EAST CHICAGO, Indiana for and On Behalf of Its Department of Redevelopment and Lake County Trust Company, an Indiana Corporation, As Trustee under the Provisions of the Trust Agreement Dated the 4TH Day of February, 1974, Known As Trust No. 2081, Appellees (Plaintiffs and Co-Defendant below).

Court of Appeals of Indiana, Third District.

Rehearing Denied December 28, 1982.

Attorney(s) appearing for the Case

Timothy F. Kelly, Randall J. Nye, Beckman, Kelly & Smith, Hammond, for appellant.

Richard J. Lesniak, Given, Dawson & Cappas, East Chicago, for appellee City of East Chicago, Indiana For and on Behalf of its Department of Redevelopment.

Joseph S. Van Bokkelen, Goldsmith, Goodman, Ball & Van Bokkelen, Highland, for appellee Lake County Trust Co.

STATON, Judge.

J.J. Newberry Company appeals a condemnation award of $760.00 plus interest for its leasehold interest in property condemned by the City of East Chicago. On appeal, Newberry raises the following issues for review:

(1) Did the trial court err in not permitting Newberry's leasehold interest to be valued by using the capitalization of income method of valuation? (2) Did the trial court err in determining that the condemnation award for...

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