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CITY OF MARION v. HOWARD

No. 18A02-0411-CV-950.

832 N.E.2d 528 (2005)

CITY OF MARION, Indiana, Bill Henry, as Mayor of the City of Marion, Indiana, and Robert Dawalt, as Municipal Attorney for the City of Marion, Indiana, Appellants-Defendants, v. Barry HOWARD, Joan Howard, and Barodge Auto Pool, Inc., Appellees-Plaintiffs.

Court of Appeals of Indiana.

Rehearing Denied September 20, 2005.

Attorney(s) appearing for the Case

Liberty L. Roberts, Collier ~ Magar & Roberts, Indianapolis, for Appellants.

Mark A. McCann, Jeremy A. Peelle, Kokomo, for Appellees.

OPINION

BARNES, Judge.

Case Summary

The City of Marion ("the City"), former Mayor William Henry ("the Mayor"), and city attorney Robert Dawalt (collectively "the Appellants") appeal a judgment of $170,200 in an action brought by Barry and Joan Howard that alleged an unconstitutional taking of their property. We reverse and remand.

Issue

We will not analyze the issues raised by the parties regarding collateral estoppel and sufficiency...

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