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CHEMICAL WASTE MGMT. OF IND. v. CITY OF NEW HAVEN

No. 02A03-0008-CV-299.

755 N.E.2d 624 (2001)

CHEMICAL WASTE MANAGEMENT OF INDIANA, L.L.C., a Delaware limited liability company, and as successor in interest to Chemical Waste Management of Indiana, Inc. and TC, Inc., Appellant-Plaintiff, v. The CITY OF NEW HAVEN, Allen County, Indiana, Appellee-Defendant.

Court of Appeals of Indiana.

September 5, 2001.

Attorney(s) appearing for the Case

Mark E. Giaquinta, Robert W. Eherenman, Haller & Colvin, P.C., Fort Wayne, IN, Attorneys for Appellant.

James P. Fenton, Alan Verplanck, Eilbacher Scott, P.C., Fort Wayne, IN, Attorneys for Appellee.

OPINION

BAKER, Judge.

Appellant-plaintiff Chemical Waste Management of Indiana (CWMI) appeals the trial court's denial of its motion for summary judgment on its taxpayer declaratory judgment action. CWMI also appeals the trial court's denial of its Ind.Trial Rule 41(B) motion on its annexation remonstrance petition, and contends that the trial court misapplied IND.CODE § 36-4-3-13(d)(1) and (5), the statutes governing the provision of services to the...

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