MATTER OF ORDINANCE TO ANNEX CERTAIN TERRITORY

No. 02A03-9403-CV-129.

642 N.E.2d 524 (1994)

In the matter of the Annexation Proposed by Annexation Ordinance Number X-06-91 Being an Ordinance to Annex Certain Territory to the City of Fort Wayne and to Include Same in Councilmanic District Number 2 (Walden Annexation).

Court of Appeals of Indiana, Third District.

Rehearing Denied February 20, 1995.

Transfer Denied May 23, 1995.


Attorney(s) appearing for the Case

John M. Clifton, Jr., Barrett & McNagny, Fort Wayne, for appellant.

J. Timothy McCaulay, City of Fort Wayne Dept. of Law, Fort Wayne, for appellee.


OPINION

STATON, Judge.

Walden area residents ("Remonstrators") appeal the trial court's order overruling their remonstrance to the city of Fort Wayne's ("City") proposed annexation of their neighborhood. Remonstrators present one issue for our review, which we separate into six and restate as follows:

I. Whether the City is statutorily precluded from implementing Annexation Ordinance X-06-91. II. Whether the City's actions constitute...

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