CITIZENS FOR ST. JOSEPH TP., INC. v. AUDITOR

No. 02A03-9305-CV-148.

625 N.E.2d 1324 (1993)

CITIZENS FOR ST. JOSEPH TOWNSHIP, Inc., Appellant-Plaintiff below, v. AUDITOR of Allen County, Assessor of Allen County, Treasurer of Allen County, and the City of Fort Wayne, Appellees-Defendants below.

Court of Appeals of Indiana, Third District.

December 22, 1993.


Attorney(s) appearing for the Case

Ralph R. Blume, Blume, Connelly, Jordan Stucky & Ulmer, Lawrence A. Levy, Fort Wayne, for appellant-plaintiff.

J. Timothy McCaulay, Corp. Counsel, City of Fort Wayne, Fort Wayne, for appellees-defendants.


STATON, Judge.

Certain Northeast Area Landowners ("Landowners") appeal the trial court's order granting summary judgment against them. They raise four issues for our review, which we consolidate into one and restate as follows: whether a remonstrance was pending against Annexation Ordinance X-01-89 on March 1, 1992.

We affirm.

Summary judgment is appropriate only when there is no genuine issue of material fact and the moving party is entitled to judgment...

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