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MARSYM DEVELOP. v. WINCHESTER ECONOMIC

No. 1-682A152.

447 N.E.2d 1138 (1983)

MARSYM DEVELOPMENT CORP. APPELLANT (PLAINTIFF BELOW), v. WINCHESTER ECONOMIC Development Commission: Gene Gulley, Member; Bill Geyer, Member; Robert Pugh, Member; Richard Walker, Member; Common Council of the City of Winchester, Indiana: Arthur P. Cassidy, Councilman; Charles W. Wolf, Councilman; Robert Baker, Councilman; James Blansett, Councilman; Helen Segraves, Councilman; City of Winchester, Indiana; Jack Fowler, Mayor of the City of Winchester, Indiana; Marsh Supermarkets, Inc.; Appellees (Defendants below).

Court of Appeals of Indiana, First District.

Rehearing Denied May 23, 1983.

Attorney(s) appearing for the Case

William A. Waddick, Willis K. Kunz, Kunz & Kunz, Indianapolis, for appellant.

Michael C. Williams, Winchester, G. Daniel Kelley, Jr., Jeffrey O. Lewis, Ice, Miller, Donadio & Ryan, Indianapolis, George F. Daly, Daly & Daly, Winchester, for appellees.

ROBERTSON, Presiding Judge.

The plaintiff-appellant, Marsym Development Corporation (Marsym), appeals the granting of summary judgment on behalf of the defendants, the Winchester Economic Development Commission (EDC), the Common Council of the City of Winchester (Council), the Mayor of Winchester, and Marsh Supermarkets, Inc. (Marsh) on their complaint for a declaratory judgment. The complaint sought construction of Ind. Code 18-6-4.5-1 et seq.

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