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MICHAEL v. CITY OF BLOOMINGTON, BD. OF PUBLIC WORKS

No. 53A01-0310-CV-399.

804 N.E.2d 1225 (2004)

R. Keith MICHAEL and Marion Bankert Michael, Appellants-Defendants, v. CITY OF BLOOMINGTON, Indiana Board of Public Works, Appellee-Plaintiff.

Court of Appeals of Indiana.

March 22, 2004.

Attorney(s) appearing for the Case

Michael L. Carmin, Andrews, Harrell, Mann, Carmin & Parker, P.C., Bloomington, IN, Attorney for Appellants.

Vickie Renfrow, Susan Failey, Assistant City Attorneys, Bloomington, IN, Attorneys for Appellee.

Michael J. Lewinski, Hilary G. Buttrick, Ice Miller, Indianapolis, IN, Attorneys for Amici Curiae Indiana Association of Cities and Towns and Indiana Municipal Lawyer Association.

OPINION

KIRSCH, Chief Judge.

R. Keith Michael and Marion Bankert Michael (collectively "the Michaels") appeal the trial court's Order Entering Findings of Fact and Conclusions of Law, Overruling Objections, and Appointing Appraisers in a condemnation action instituted by the City of Bloomington Board of Public Works (the Board). The Michaels raise two issues on appeal, which we restate as follows:

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