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SMITH v. CITY OF SHELBYVILLE

No. 1-783A212.

462 N.E.2d 1052 (1984)

Harry W. SMITH, et al., Appellants, v. CITY OF SHELBYVILLE, et al., Appellees.

Court of Appeals of Indiana, First District.

Rehearing Denied May 31, 1984.

Transfer Denied August 21, 1984.

Attorney(s) appearing for the Case

Good & Murphy, Shelbyville, for appellants.

Peter G. Tamulonis, Peter A. Velde, Kightlinger, Young, Gray & De Trude, Indianapolis, Charles T. Bate, Soshnick Bate & Harrold, Shelbyville, for appellees.

NEAL, Presiding Judge.

STATEMENT OF THE CASE

Appellant-remonstrators, Harry W. Smith, et al (Remonstrators) contest an adverse decision of the Shelby Circuit Court in their appeal from a decision of the Common Council of the City of Shelbyville (City) to vacate an alley.

We reverse and remand.

STATEMENT OF THE FACTS

On June 15, 1982, Knauf Fiberglass, Marion Knauf and Thies Knauf (Knaufs) filed their petition with the Common Council...

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