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CITY OF FORT WAYNE v. SW ANNEX. AREA LANDOWNERS

No. 02S05-0109-CV-412.

764 N.E.2d 221 (2002)

CITY OF FORT WAYNE, Appellant (Respondent Below), v. CERTAIN SOUTHWEST ANNEXATION AREA LANDOWNERS, Appellees (Petitioners Below).

Supreme Court of Indiana.

March 12, 2002.

Attorney(s) appearing for the Case

Mark E. GiaQuinta, Robert W. Eherenman, Haller & Colvin, P.C., J. Timothy McCaulay, Helmke, Beams, Boyer & Wagner, Fort Wayne, IN, for Appellant.

Edward L. Murphy, Jr., Larry L. Barnard, Miller Carson Boxberger & Murphy LLP, Fort Wayne, IN, for Appellee.

D. Randall Brown, Barnes & Thornburg, Fort Wayne, IN, for Amicus Curiae Indiana Association of Cities and Towns.

SHEPARD, Chief Justice.

In 1996, the City of Fort Wayne annexed nearly thirteen square miles with a population of 22,500 residents, postponing the effective date to 2006. Remonstrators contested the annexation. The trial court found the Fiscal Plan for annexation legally deficient for several reasons, largely because it predicted the costs of services in 2006 by calculating current costs and adding inflation. This was in...

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