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DEETZ v. NORTHERN INDIANA FUEL AND LIGHT

No. 57A03-8902-CV-66.

545 N.E.2d 1103 (1989)

James K. DEETZ and Bonita L. Deetz, Appellants (Plaintiffs below), v. NORTHERN INDIANA FUEL AND LIGHT Company, Inc., Appellee and Cross-Appellant (Defendant below).

Court of Appeals of Indiana, Third District.

November 6, 1989.

Attorney(s) appearing for the Case

David L. King, King and King, Kendallville, and Dennis F. McCrosson, Indianapolis, for appellants.

Thomas M. Moorhead, Baker & Daniels & Shoaff, Fort Wayne, for appellee and cross-appellant.

HOFFMAN, Judge.

Appellants James and Bonita Deetz appeal a summary judgment granted in favor of Northern Indiana Fuel and Light Company, Inc. (NIFALCO). The facts indicate that in October 1986 NIFALCO installed an underground gas pipeline within the right-of-way of a DeKalb County highway. On February 23, 1988, the Deetzes filed a complaint alleging that by installing the pipeline, NIFALCO inversely condemned the Deetzes' property abutting the DeKalb County highway...

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