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IN RE ANNEXATION PROPOSED BY ORDINANCE NO. X-01-95

No. 02A03-0111-CV-375.

774 N.E.2d 58 (2002)

In re the MATTER OF THE ANNEXATION PROPOSED BY ORDINANCE NO. X-01-95 Being an Ordinance to Annex Certain Territory to the City of Fort Wayne and to Include Same in Councilmanic District Number 1 (Moeller Road Annexation).

Court of Appeals of Indiana.

July 10, 2002.

Attorney(s) appearing for the Case

James P. Fenton, Alan L. Verplanck, Eilbacher Scott, P.C. Fort Wayne, IN, Attorneys for Appellants, Remonstrators.

J. Timothy McCaulay, Helmke, Beams, Boyer & Wagner Fort Wayne, IN, Attorney for Appellee City of Fort Wayne.

OPINION

BAKER, Judge.

Appellants-Plaintiffs-Remonstrators (the Remonstrators)1 appeal the trial court's order granting summary judgment in favor of appellee-defendant the City of Fort Wayne (Fort Wayne) and denying their cross-motion for summary judgment. Finding that: (1) the trial court properly granted Fort Wayne's motion for summary judgment on the basis of the admissible portions of the designated affidavits and the city...

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