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PROCK v. TOWN OF DANVILLE

No. 32A01-9503-CV-77.

655 N.E.2d 553 (1995)

Roy PROCK and Wanda Prock, Timothy Shrout and Kimberly Shrout, Appellants-Plaintiffs, v. TOWN OF DANVILLE, Waste Management of Indiana, Inc., Paul G. Leondis and Mary Leondis, Appellees-Defendants.

Court of Appeals of Indiana.

Transfer Denied February 29, 1996.

Attorney(s) appearing for the Case

Michael L. Carmin, Stacy Weeks, Andrews, Harrell, Mann, Chapman & Coyne, P.C., Bloomington, for appellants.

Michael R. Freuhwald, Stephen W. Lee, Barnes & Thornburg, Indianapolis, for Waste Management of Indiana, Inc. and the Leondis'.

Kevin W. Dogan, Brian A. Statz, Lewis & Kappes, Indianapolis, for Town of Danville.

Bette J. Dodd, Karen E. Arland, Ice Miller Donadio & Ryan, Indianapolis, Amicus Curiae-Indiana Municipal Lawyers Association.

OPINION

BAKER, Judge.

Appellants-plaintiffs Roy and Wanda Prock and Timothy and Kimberly Shrout (Plaintiffs) claim that the trial court erred in granting appellees-defendants the Town of Danville, Waste Management of Indiana, Inc., and Paul and Mary Leondis' (collectively Town) motion to dismiss Plaintiffs' complaint which alleged that the Town's ordinance that annexed and zoned property for use as a landfill was illegal.

FACTS

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