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BORSUK v. TOWN OF ST. JOHN

No. 45A03-0305-CV-196.

803 N.E.2d 1216 (2004)

Chester BORSUK and Lake County Trust Company, as Trustee Under Trust No. 4346, Appellants-Plaintiffs, v. TOWN OF ST. JOHN, Appellee-Defendant.

Court of Appeals of Indiana.

February 27, 2004.

Attorney(s) appearing for the Case

Michael L. Muenich, Highland, IN, Attorney for Appellants.

David M. Austgen, Michael J. Phillips and Carrie N. Crider, Crown Point, IN, Attorneys for Appellee.

OPINION ON REHEARING

BAKER, Judge.

Appellee-defendant Town of St. John (the Town) brings this petition for rehearing. We grant this petition for the purpose of addressing whether we erred when we assumed jurisdiction in this cause to hear appellant-plaintiff Chester Borsuk's appeal from the trial court's order denying relief. Because Borsuk effectively asked for a declaratory judgment in his second amended complaint...

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