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BURD MANAGEMENT, LLC v. STATE

No. 49A02-0307-CV-572.

805 N.E.2d 1274 (2004)

BURD MANAGEMENT, LLC, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

April 12, 2004.

Attorney(s) appearing for the Case

Joseph W. Hammes, Ann Marie Waldron, Tabbert, Hahn, Earnest & Weddle, LLP, Indianapolis, IN, Attorneys for Appellant.

Steve Carter, Attorney General of Indiana, David L. Steiner, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

KIRSCH, Chief Judge.

Burd Management, LLC (Burd) appeals the trial court's grant of summary judgment in favor of the State. Burd raises three issues on appeal, which we consolidate and restate as follows:

I. Whether the trial court properly granted summary judgment in favor of the State on the basis that the Indiana Department of Transportation (INDOT) was not required to make or to prove...

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