MATTER OF ANNEX. PROPOSED BY ORDINANCE NO. X-02-93

No. 02A03-9502-CV-34.

652 N.E.2d 878 (1995)

In the matter of the Annexation Proposed by Ordinance No. X-02-93 Annexing Certain Territory Commonly Known As the North I Annexation Area to Fort Wayne and Including the Same in Councilmanic Dist. No. 3.

Court of Appeals of Indiana.

Transfer Denied November 15, 1995.


Attorney(s) appearing for the Case

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

J. Timothy McCauley, Helmke, Beams, Boyer & Wagner, Fort Wayne, for appellee.


OPINION

GARRARD, Judge.

This case involves an Indiana city's annexation of land. Landowners of the annexed property brought suit claiming that the statutorily required written plan was inadequate. The trial court dismissed the landowners' declaratory judgment action after determining their only remedy was through remonstrance. We affirm.

FACTS

The Common Council of the City of Fort Wayne passed an ordinance on March 9, 1993, annexing...

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