PAYNE v. TOWN OF AUSTIN

No. 72A01-8710-CV-241.

523 N.E.2d 245 (1988)

Orville PAYNE d/b/a 5C Auto Parts and N.E. Sue Payne, Appellants (Defendants below), v. TOWN OF AUSTIN, Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, First District.

Rehearing Denied July 5, 1988.


Attorney(s) appearing for the Case

Joseph Leon Payne, Austin, for appellants.

Ralph E. Randall, Hays and Randall, Scottsburg, for appellee.


RATLIFF, Chief Judge.

STATEMENT OF THE CASE

Orville Payne d/b/a 5C Auto Parts and N.E. Sue Payne appeal a Scott Circuit Court judgment in favor of the Town of Austin. We affirm.

FACTS

On February 3, 1958, the Scott County Board of Commissioners passed a resolution authorizing the state highway department to close portions of certain roads in order to construct Interstate 65. Included in the resolution was a certain portion of "200W," a...

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