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CITY OF HOBART v. CARTER

No. 45A03-9609-CV-355.

695 N.E.2d 988 (1998)

CITY OF HOBART, Indiana, Appellant-Defendant, v. Floyd Roger CARTER, et al., Appellees-Plaintiffs.

Court of Appeals of Indiana.

June 8, 1998.

Attorney(s) appearing for the Case

John P. Bushemi, John P. Bushemi & Associates, Merrillville, for Appellant-Defendant.

Richard A. Mayer, Gregory J. Tonner, Spangler, Jennings & Dougherty, P.C., Merrillville, for Appellees-Plaintiffs.

OPINION

HOFFMAN, Judge.

The City of Hobart, Indiana appeals the trial court's decision after remand by this Court granting remonstrators' complaint.

The facts relevant to the cause are set out in the first appeal:

The City Council of Hobart approved Ordinance No. 92-07, to annex certain territory in unincorporated Ross Township. At the same time, the amended Fiscal Plan and Resolution 92-06 were also properly adopted. Carter soon after filed...

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