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IN RE CITY OF FORT WAYNE'S PETITION

No. 3-185A23.

484 N.E.2d 584 (1985)

In re the CITY OF FORT WAYNE's PETITION to Establish a Conservancy District.

Court of Appeals of Indiana, Third District.

October 23, 1985.

Attorney(s) appearing for the Case

T. Dean Swihart, Grotrian & Boxberger, Fort Wayne, for appellant.

Jack W. Lawson, Thomas J. Goeglein, Beckman, Lawson, Sandler, Snyder & Federoff, Fort Wayne, for appellees Certain Affected Lower Maumee Basin Property Owners.

Stephen W. Adair, Beers, Mallers, Backs, Salin & Larmore, Fort Wayne, for amicus curiae Allen County, Indiana.

STATON, Presiding Judge.

The City of Fort Wayne filed a petition seeking to establish a Conservancy District (District) covering Allen County. Flood control was the only objective. Notice of the petition to county freeholders was found deficient by the trial court so the district was established, but was confined to Fort Wayne's corporate limits. Fort Wayne appeals and we address the following issues:

I. Whether Ind. Code 13-3-3-17 requires notice be sent...

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