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TOWN OF PORTER v. BRANDSTETTER

No. 64A03-0110-CV-319.

770 N.E.2d 832 (2002)

The TOWN OF PORTER, Indiana, Appellant-Respondent, v. Hugo Eugene BRANDSTETTER, Trustee of The Hugo E. Brandstetter Revocable Trust dated the 9th day of April, 1992, and Susan Brandstetter, Appellees-Petitioners.

Court of Appeals of Indiana.

June 19, 2002.

Attorney(s) appearing for the Case

Paul Poracky, Valerie L. Hughs, Spangler, Jennings & Dougherty, Merriville, IN, Attorneys for Appellant.

Gordon A. Etzler, Kevin G. Kerr, Hoeppner Wagner & Evans, Valparaiso, IN, Attorneys for Appellees.

OPINION

BAKER, Judge.

Appellant-respondent The Town of Porter (Porter) appeals the trial court's vacation of a public right-of-way that was entered in favor of the appellees-petitioners Hugo and Susan Brandstetter (the Brandstetters). Specifically, Porter asserts that the trial court erred in substituting its judgment for the town council's legislative policy decision that previously denied the vacation of the right-of-way. Moreover, Porter asserts that...

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