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ROGERS v. MUNICIPAL CITY OF ELKHART

No. 20A03-9501-CV-13.

655 N.E.2d 593 (1995)

Lanny ROGERS and Carolyn Rogers, Dennis Peterson and Nancy Peterson, John D'Amico and Michelina D'Amico, Together with the remaining Property Owners who are Signatories Hereto and who are in the Caption of this Complaint, Appellants-Plaintiffs, v. The MUNICIPAL CITY OF ELKHART, Indiana, Appellee-Defendant.

Court of Appeals of Indiana.

Rehearing Denied December 4, 1995.

Attorney(s) appearing for the Case

John C. Hamilton, Don G. Blackmond, Doran, Blackmond, Ready, Hamilton & Williams, South Bend, for appellants.

Paul D. Eash, Elkhart, for appellee.

OPINION

STATON, Judge.

Lenny Rogers, et al., ("Remonstrators") appeal the trial court's approval of Annexation Ordinance No. 4066 ("Ordinance"). Remonstrators raise four issues on appeal, which we consolidate into two and restate as follows:

I. Whether the trial court erred in concluding that the annexed territory was subdivided. II. Whether the trial court erred in concluding that the annexed territory was zoned for business, commercial...

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