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DRAKE v. CITY OF FORT WAYNE

No. 02A03-8903-CV-123.

543 N.E.2d 1145 (1989)

Jerry L. DRAKE, Jacklin C. Drake, Gerald V.R. Walker, G. Francine Walker and Certain Other Persons Owning Property in the Annexed Territory, Appellants (Remonstrators and Plaintiffs), v. CITY OF FORT WAYNE, Indiana, Appellee (Respondent and Defendant).

Court of Appeals of Indiana, First District.

September 28, 1989.

Attorney(s) appearing for the Case

James A. Federoff, Thomas J. Galanis, Beckman, Lawson, Sandler, Snyder & Federoff, Fort Wayne, for appellants.

J. Timothy McCaulay, Corp. Counsel, City of Fort Wayne, Helmke, Beams, Boyer & Wagner, Fort Wayne, for appellee.

RATLIFF, Chief Judge.

STATEMENT OF THE CASE

Jerry L. Drake, Jacklin C. Drake, Gerald V.R. Walker, G. Francine Walker and certain other persons owning property in the annexed territory, (collectively, the remonstrators), appeal the decision of the Allen Circuit Court allowing the City of Fort Wayne to proceed with the annexation of certain property known as the "Villas of the Marketplace." We reverse.

FACTS

On April 14, 1987, the Common...

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