ST. MARY'S MEDICAL CENTER, INC. v. McCARTHY

No. 82A01-0411-CV-462.

829 N.E.2d 1068 (2005)

ST. MARY'S MEDICAL CENTER, INC., Appellant, v. Vincent McCARTHY, Appellee.

Court of Appeals of Indiana.

Rehearing Denied September 15, 2005.


Attorney(s) appearing for the Case

R. Thomas Bodkin, Bamberger Foreman Oswald and Hahn, LLP, Evansville, N. Kent Smith, Hall Render Killian Heath and Layman, PSC, Indianapolis, for Appellant.

Charles L. Berger, Sheila M. Corcoran, Mark W. Rietman, Jennifer L. Ulrich-Keppler, Berger and Berger, Evansville, for Appellee.


OPINION

BARNES, Judge.

Case Summary

St. Mary's Medical Center, Inc. ("St. Mary's") appeals the trial court's entry of declaratory judgment and a permanent injunction in favor of Vincent McCarthy. We reverse.

Issue

The sole restated issue we consider is whether the trial court properly concluded that St. Mary's cannot demolish a chapel on its campus constructed in the 1950's with funds provided by the estate of one of McCarthy...

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