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OAK SHORES PROPERTY OWNERS v. COM'RS

No. 57A03-8911-CV-475.

564 N.E.2d 319 (1990)

OAK SHORES PROPERTY OWNERS' Association, Inc., et al., Defendants-Appellants, v. NOBLE COUNTY BOARD OF COMMISSIONERS, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

December 20, 1990.

Attorney(s) appearing for the Case

Tim J. Cain, LaGrange, for Oak Shores Property Owners' Assn, Inc.

James E. Springer, Fort Wayne, for Charles C. Fraze.

Christopher C. Myers, Myers & Geisleman, Fort Wayne, for Noble County Bd. of Com'rs.

GARRARD, Judge.

Oak Shores Property Owners' Association, Inc. et al. (Oak Shores) appeal an order of the Noble Circuit Court denying their motions for summary judgment and granting summary judgment in favor of the Noble County Board of Commissioners (commissioners).

The facts before the court disclosed that on March 11, 1975 the commissioners approved the final plat of Oak Shores Subdivision. The plat dedicated for public use 3.6 miles of road and seven cul...

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