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CITY OF VALPARAISO v. DEFLER

No. 64A03-9704-CV-127.

694 N.E.2d 1177 (1998)

CITY OF VALPARAISO and City of Valparaiso Board of Public Works, McMahon Associates, Inc., and Woodruff & Sons, Inc., Appellants-Defendants, v. Clark H. DEFLER and Joan H. Defler, Appellees-Plaintiffs.

Court of Appeals of Indiana.

Rehearing Denied July 14, 1998.

Attorney(s) appearing for the Case

Steven P. Polick, Steven P. Polick & Associates, P.C., Highland, for City of Valparaiso.

Edward Volk, Newby, Lewis, Kaminski & Jones, LaPorte, for McMahon Associates, Inc.

Robert D. Truitt, South Bend, for Woodruff & Sons, Inc.

Sam J. Bernardi, Jr., Valparaiso, for McMahon Associates, Inc.

Brian W. Walker, Cheryl M. Knodle, Ball, Eggleston, Bumbleburg McBride Stapleton & Walkey, PC, Lafayette, for Clark H. & Joan H. Defler.

David C. Appel, Valparaiso, for Steven E. Divich.

OPINION

STATON, Judge.

This interlocutory appeal arises from a lawsuit filed by Clark and Joan Defler against the City of Valparaiso and its Board of Public Works ("City"), McMahon Associates, Inc. ("McMahon"), and Woodruff & Sons, Inc. ("Woodruff").1 The Deflers allege that the City, McMahon, and Woodruff, in the course of designing and constructing a sewer lift station adjacent to their property, caused their land to subside...

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