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POWERS v. CITY OF LAFAYETTE

No. 79A04-9205-CV-168.

622 N.E.2d 1311 (1993)

Sharon POWERS, Mary Roseanna Hatke, John Qualio, Auditor of Tippecanoe County, Indiana, and Treasurer of Tippecanoe County, Indiana, Appellants (Defendants below), v. CITY OF LAFAYETTE, Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Fourth District.

Transfer Denied February 18, 1994.

Attorney(s) appearing for the Case

Michael J. Stapleton, Cheryl M. Knodle, Ball, Eggleston, Bumbleburg and McBride, Lafayette, for appellants.

Richard T. Heide, Carl J. Sandy, Lisa V. Schrader, Heide, Sandy, Deets, Kennedy, Schrader & Antalis, Lafayette, for appellee.

MILLER, Judge.

In this action, the City of Lafayette condemned only a leasehold interest in one of the two properties involved, having earlier acquired the owner-lessor's interest. The amount of damages awarded to lessees for their lease depended upon the amount of time left on the lease. The lessees contended (and presented evidence) that they had a beneficial (bonus) lease — the rental obligation under the lease...

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