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CITY OF HAMMOND v. MARINA ENTER. COMPLEX, INC.

No. 56A05-9902-CV-87.

733 N.E.2d 958 (2000)

CITY OF HAMMOND, Indiana, a Municipal Corporation, Appellant-Plaintiff, v. MARINA ENTERTAINMENT COMPLEX, INC., Great Lakes Inland Marina, Inc., Auditor of Lake County, Indiana, and Treasurer of Lake County, Indiana, Appellees-Defendants.

Court of Appeals of Indiana.

August 8, 2000.

Attorney(s) appearing for the Case

Zeff A. Weiss, Curtis W. McCauley, Ice Miller Donadio & Ryan, Indianapolis, Indiana, Joseph Stalmack, Joseph Stalmack & Associates, Hammond, Indiana, Attorneys for Appellant.

Karl Mulvaney, Bingham Summers Welsh & Spilman, Indianapolis, Indiana, Terrance L. Smith, Smith & Debonis, Highland, Indiana, Attorneys for Appellees.

OPINION

FRIEDLANDER, Judge.

This appeal arises out of an eminent domain proceeding initiated in 1995 by the City of Hammond, Indiana against Great Lakes Inland Marina, Inc. (fee owner) and Marina Entertainment Complex, Inc. (lessee/optionee) [the Landowners]. At that time, the Landowners held a 13.679-acre parcel of real property [the parcel] located in Hammond adjacent to the city-owned Hammond Marina, which was the anticipated site for the development...

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