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SMITH v. MILLER BUILDERS, INC.

No. 71A03-0002-CV-0045.

741 N.E.2d 731 (2000)

Michael W. SMITH and Kathryn H. Smith, Appellants, v. MILLER BUILDERS, INC., St. Joseph County Drainage Board and St. Joseph County Surveyor, John R. McNamara, Appellees.

Court of Appeals of Indiana.

December 14, 2000.

Attorney(s) appearing for the Case

Robert J. Palmer, John H. Peddycord, May, Oberfell & Lorber, South Bend, Indiana, Attorney for Appellants.

Susan R. Hanson, Kenneth P. Cotter, Tuesley & Hall, LLP, Timothy P. McLaughlin, Kathleen Cekanski-Ferrand, South Bend, Indiana, Attorneys for Appellees.

OPINION

SHARPNACK, Chief Judge

Michael and Kathryn Smith (collectively, the Smiths) appeal the trial court's judgment in favor of the St. Joseph County Surveyor, John McNamara (the Surveyor); the St. Joseph County Drainage Board (the Board); and Miller Builders, Inc. (Miller). The Smiths raise three issues, which we restate as:

1) whether the trial court's conclusion that the notice the Smiths sent to the Surveyor did not comply with the Indiana...

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