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  5. 649 N.E.2d 645 (1995)
 

TOWN OF MERRILLVILLE v. MERRILLVILLE CONSERVANCY

No. 45A03-9401-CV-31.

649 N.E.2d 645 (1995)

TOWN OF MERRILLVILLE, Indiana, Albert Wirtes As Member of the Town Council, Town of Merrillville, Lake County, Indiana, et al., Appellants-Defendants, and Merrillville Sanitary District, Appellants-Intervenors, v. MERRILLVILLE CONSERVANCY District, Acting by and through Its Board of Directors, Charles E. Price and Charlene Price, Appellees-Plaintiffs, Gary Sanitary District, Independence Hill Conservancy District, Wastehaul, Inc., Intervenors.

Court of Appeals of Indiana, Third District.

Rehearing Denied August 4, 1995.

Attorney(s) appearing for the Case

Michael L. Muenich, Hand Muenich & Wilk, Highland, for appellant.

Cora M. Vaughn, Vaughn & Associates, Gary, for GSD.

Christine Miller, William Theodoros, Merrillville, for Wastehaul.

Thomas M. Greenberg, Merrillville, for IHCD.

Martin Kinney, William Touchette, Merrillville, for appellee.

OPINION

GARRARD, Judge.

This appeal arises from a dispute over the provision of sanitation services to Merrillville, Indiana. On motion for summary judgment the trial court found an ordinance passed by the town council of Merrillville regarding the creation of a sanitary district and department of sanitation to be invalid, and Merrillville appeals.

FACTS AND PROCEDURAL HISTORY

In December of...

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