CITY OF PERU v. UTILITY SERVICE BD.

No. 52A02-8608-CV-290.

507 N.E.2d 988 (1987)

CITY OF PERU, Indiana, a Third Class City and a Municipal Corporation; Robert L. Haskett, Its Mayor; and Jeffry G. Price, Its City Attorney, and State of Indiana, ex rel. Robert L. Haskett, Appellants (Defendants below), v. UTILITY SERVICE BOARD OF THE CITY OF PERU, Indiana and J.R. Davidson, and Patricia Montgomery, Appellees (Plaintiffs below).

Court of Appeals of Indiana, Fourth District.

May 18, 1987.


Attorney(s) appearing for the Case

Ronald E. Elberger, Michael A. Trentadue, Bose McKinney & Evans, Indianapolis, for appellants.

Albert C. Harker, Kiley, Osborn, Borwn, Kiley, Harker & Rogers, Marion, for appellees.


CONOVER, Presiding Judge.

Defendants-Appellants City of Peru, Indiana, et al. (collectively, the City) appeal the trial court's judgment favoring Plaintiffs-Appellees Utility Service Board of the City of Peru, Indiana, J.R. Davidson, and Patricia Montgomery1 (collectively, the Board) in a declaratory judgment action. The trial court determined Board members Davidson and Montgomery were not properly and legally removed by Mayor Haskett...

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