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BRADLEY v. CITY OF NEW CASTLE

No. 33S01-0104-CV-195.

764 N.E.2d 212 (2002)

James E. BRADLEY, Kay C. Miller, and Certain Other Persons Owning Property in the Proposed Annexed Territory, Appellants (Plaintiffs Below), v. CITY OF NEW CASTLE, Indiana, Appellee (Defendant Below).

Supreme Court of Indiana.

March 12, 2002.

Attorney(s) appearing for the Case

George T. Patton, Jr., Kevin S. Smith, Bryan H. Babb, Bose McKinney & Evans, LLP, Indianapolis, IN, E. Edward Dunsmore, Knightstown, IN, Attorneys for Appellants.

John H. Brooke, Casey D. Cloyd, Brooke & Cloyd, P.C., Muncie, IN, Attorneys for Amici Curiae Citizens Opposing Annexation, et. al.

Kevin W. Dogan, Indianapolis, IN, David L. Copenhaver, R. Scott Hayes, Hayes, Copenhaver & Crider, New Castle, IN, R. Thomas Bodkin, Jason P. Lueking, Douglas A. Welp, Bamberger, Foreman, Oswald & Hahn, LLP, Evansville, IN, Attorneys for Appellees.

Nana Quay-Smith, Karl L. Mulvaney, Bingham Summers Welsh & Spilman, Indianapolis, IN, Attorneys for Amicus Curiae Indiana Municipal Lawyers Association.

SHEPARD, Chief Justice.

In 1992, the City of New Castle annexed some 750 acres in Henry County with an estimated population of 1,700 residents.

The trial court rejected all the Remonstrators' challenges to the annexation. The Court of Appeals reversed, faulting the City Council on a variety of procedural points (although the Remonstrators make no claim that their substantive rights were violated) and faulting the trial court for allowing the City to supply...

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