CITY OF GARRETT v. TERRY

No. 76S04-8708-CV-798.

512 N.E.2d 405 (1987)

The CITY OF GARRETT, a Municipal Corporation, Appellant (Defendant below), v. Maurice TERRY & Irene Terry, Appellees (Plaintiffs below).

Supreme Court of Indiana.

August 31, 1987.


Attorney(s) appearing for the Case

Gerald M. McNerney, Butler, for appellant.

William B. Bryan, Angola, for appellees.


SHEPARD, Chief Justice.

The issue presented is whether statutory provisions for costs and litigation expenses authorize the award of attorney fees to litigants who successfully challenge a condemning authority's valuation of property taken through inverse condemnation.

Appellants Maurice and Irene Terry filed a property damage suit against the City, claiming the City of Garrett appropriated a portion of their land for a storm sewer. The trial court granted...

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