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CITY OF INDIANAPOLIS v. KING

No. 784S260.

485 N.E.2d 630 (1985)

CITY OF INDIANAPOLIS, Department of Public Works, Treasurer of Marion County, and Auditor of Marion County, Appellants (Defendants below), v. John W. KING, Gwendolyn L. King, Jerrell A. Budreau, Sally M. Budreau, William J. Gilley, James R. Jones, Sandra S. Jones, Cresswell A. Hisser, Rebecca L. Hisser, Robert D. Emerson, Estate of Fern L. Pottorff, Paul Hoss, Troy Investment, Inc., John M. Heeter, Colonial Discount Corporation, Raymond Grunert, Executor of the Estate of Charles McCormick, Deceased, Gemeni Properties, Inc., and James A. Knauer and William R. Richards, Trustee, Appellees (Plaintiffs below).

Supreme Court of Indiana.

December 3, 1985.

Attorney(s) appearing for the Case

City-County Legal Div., John P. Ryan, Corp. Counsel by Kathryn A. Watson and Mark Allen Mertz, Asst. Corp. Counsel, Indianapolis, for appellants.

Craig D. Doyle, William R. Richards, P.C., Richard M. Orr, Indianapolis, Robert A. Wood, Danville, for appellees.

John E. Kolas, Indianapolis, for amicus curiae.

PIVARNIK, Justice.

Appellees brought a class action suit on behalf of non-occupying property owners and bona fide purchasers against Appellants, alleging their due process and equal protection rights were violated by Appellants' methods of assessing and collecting sewer usage fees against their property. This cause was venued to Hendricks County where Judge J.V. Boles subsequently granted Appellees' Motion for Summary Judgment...

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