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CITY OF PORTAGE v. HARRINGTON

No. 64A03-9109-CV-285.

598 N.E.2d 634 (1992)

CITY OF PORTAGE and Portage Port Authority of Portage, Indiana, Appellants-Defendants, v. James R. HARRINGTON, Suzanne M. Harrington, South Shore Marina, Inc., James A. Boyd, Sr., Carrol A. Gonzalez, Kenneth Graske, Doyne's Marina Corp., Charles L. Jenkins, DuVall's Boat Works, Duane DuVall, Izaak Walton League of America, Miller Chapter, and Burns Waterway Better Boating Association, Inc., Appellees-Plaintiffs.

Court of Appeals of Indiana, Third District.

September 10, 1992.

Attorney(s) appearing for the Case

William S. Suarez, Portage, for appellants-defendants.

Kathryn D. Schmidt, Fred M. Cuppy, Burke, Murphy, Costanza & Cuppy, Merrillville, for appellees-plaintiffs.

GARRARD, Judge.

This is an appeal from a judgment in favor of James R. Harrington, et al. We affirm.

FACTS AND PROCEDURAL HISTORY:

Within the city limits of the City of Portage, Indiana ("City") flow the east and west arms of the Little Calumet River and Burn's Ditch. These navigable waterways, commonly known as Burn's Waterway, empty into Lake Michigan and are a haven for marinas and water pleasure craft...

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