CITY OF NEW HAVEN v. REICHHART

No. 90S02-0101-CV-35.

748 N.E.2d 374 (2001)

CITY OF NEW HAVEN, Appellant (Petitioner Below), v. Penny (Bradtmueller) REICHHART and Chemical Waste Management of Indiana, L.L.C., Appellees (Respondent Below).

Supreme Court of Indiana.

June 7, 2001.


Attorney(s) appearing for the Case

James P. Fenton, Alan VerPlanck, Cathleen M. Shrader, Fort Wayne, IN, Attorneys for Appellant.

Mark E. GiaQuinta, Robert W. Eherenman, Fort Wayne, IN, Attorneys for Appellees.


ON PETITION FOR TRANSFER

BOEHM, Justice.

Penny Reichhart is an employee of Chemical Waste Management of Indiana (CWMI) and a resident taxpayer of the City of New Haven. She sued to challenge New Haven's attempt to annex CWMI's facility and New Haven counterclaimed for malicious prosecution. One element of New Haven's malicious prosecution claim is that Reichhart's suit was brought without "probable cause...

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