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KIRK v. TOWN OF OSCEOLA

No. 71A03-9506-CV-203.

669 N.E.2d 1060 (1996)

James KIRK, Marcia Kirk, Donna Sue Gall, Patty Hummer, et al., Appellants-Plaintiffs, v. The TOWN OF OSCEOLA, Indiana, Appellee-Defendant.

Court of Appeals of Indiana.

August 26, 1996.

Attorney(s) appearing for the Case

Lyn Leone, Notre Dame, for appellants.

Stephen L. Eslinger, Ralph A. Caruso, II, Botkin Leone & Eslinger, South Bend, for appellee.

OPINION

HOFFMAN, Judge.

Appellants-plaintiffs, James Kirk, Marcia Kirk, Donna Sue Gall, and Patty Hummer et al.,1 appeal the entry of summary judgment in favor of defendant-appellant Town of Osceola, Indiana. The facts relevant to review are recited below.

Essentially, the parties agree on the facts but differ as to the application of the law to the facts. On May 3, 1993, the Town of Osceola, Indiana passed an ordinance...

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