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TOWN COUNCIL OF NEW HARMONY v. PARKER

No. 87S01-9911-CV-673.

726 N.E.2d 1217 (2000)

TOWN COUNCIL OF NEW HARMONY, Indiana, Appellant (Defendant Below), v. Shirley PARKER, Appellee (Plaintiff Below).

Supreme Court of Indiana.

April 18, 2000.

Attorney(s) appearing for the Case

R. Thomas Bodkin, Shellie Deffendall Kyle, Charles L. Berger, Evansville, Indiana, Karl L. Mulvaney, Douglas D. Church, Indianapolis, Indiana, Attorneys for Appellant.

Robert Faulkner, Leslie C. Shively, Evansville, Indiana, Attorneys for Appellee.

Jeffrey A. Modisett, Attorney General of Indiana, A. Scott Chinn, Geoffrey Slaughter, Special Counsels to the Attorney General, Attorneys for Amicus Curiae State of Indiana.

SHEPARD, Chief Justice.

Shirley Parker owns land that Robert Dale Owen and Richard Owen added to the Town of New Harmony during the nineteenth century. It was undeveloped ground on the edge of town then, and it still is. Parker wishes to sell or develop her land, and she sued the Town seeking installation of various utilities at the Town's expense. The trial court held that the absence of these utilities constituted a...

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