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TOWN OF NEWBURGH v. PECKA

No. 87A01-9210-CV-350.

609 N.E.2d 1152 (1993)

TOWN OF NEWBURGH, Appellant-Plaintiff, v. Albert PECKA and Mary Pecka, Appellees-Defendants.

Court of Appeals of Indiana, First District.

Rehearing Denied April 27, 1993.

Transfer Denied June 23, 1993.

Attorney(s) appearing for the Case

R. Thomas Bodkin, J. Herbert Davis, Evansville, for appellant-plaintiff.

Charles L. Martin, Boonville, for appellees-defendants.

ROBERTSON, Judge.

The Town of Newburgh appeals the judgment entered after a jury trial in favor of Albert and Mary Pecka in the amount of $19,694.68. Newburgh brought condemnation proceedings to acquire a permanent easement across 1.01 acres of the Peckas' farmland for a gravity sewer collection and transmission line. Newburgh raises three (3) issues, but because one constitutes reversible error, we address it only. Restated, it is:

Whether the trial court...

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