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HEMENWAY MEMORIAL PRESBYTERIAN CHURCH v. AIGNER

No. 1-382A72.

443 N.E.2d 93 (1982)

HEMENWAY MEMORIAL PRESBYTERIAN CHURCH of Ohio Valley Presbytery of Synod of Lincoln Trails of the United Presbyterian Church, U.S.A., et al., Appellants (Plaintiffs below), v. Jerry AIGNER, et al., Appellees (Defendants below).

Court of Appeals of Indiana, First District.

Rehearing Denied January 17, 1983.

Attorney(s) appearing for the Case

Theodore Lockyear, Steve Barber, James A. Kornblum, Lockyear, Barber & Kornblum, Evansville, for appellants.

S. Anthony Long, Phillips & Long, A P.C., Robert R. Aylsworth, Boonville, Linley E. Pearson, Atty. Gen., Phillip B. Rarick, Deputy Atty. Gen., Indianapolis, for appellees.

ROBERTSON, Judge.

The Hemenway Presbyterian Church (Church) brought suit against the State of Indiana and the Warrick County Commissioners to enforce their right to certain property located in Warrick County. The court granted summary judgment in favor of the State and County. Subsequently, the Church filed its own motion for summary judgment which was denied and this appeal followed.

We reverse.

The relevant facts are uncontradicted. In 1983, Mr....

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