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SAMPLAWSKI v. CITY OF PORTAGE

No. 64A03-8608-CV-227.

512 N.E.2d 456 (1987)

Lloyd SAMPLAWSKI and Ruth Ann Samplawski, Defendants-Appellants v. The CITY OF PORTAGE, a Municipal Corporation, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

September 9, 1987.

Attorney(s) appearing for the Case

David L. Chidester, Valparaiso, for defendants-appellants.

Steven W. Handlon, Handlon & Handlon, Portage, for plaintiff-appellee.

GARRARD, Presiding Judge.

The City of Portage commenced this eminent domain proceeding to secure a strip of land from Lloyd and Ruth Ann Samplawski so that it could expand Willowcreek and Crisman Roads.

After the original negotiations produced no agreement, a complaint was filed on August 23, 1985. The landowners were served with process on August 27. Contained in the summons was the following admonition:

"You are not required to file a written answer...

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