SOUTHTOWN PROPERTIES, INC. v. CITY OF FORT WAYNE

No. 02A05-0410-CV-551.

840 N.E.2d 393 (2006)

SOUTHTOWN PROPERTIES, INC., Meredith Suites, LLC, B.V. Belk, Jr., Eastgate Mall, LLC (as Successor in Interest to B.V. Belk, Jr), Appellants-Defendants, v. CITY OF FORT WAYNE on behalf of the DEPARTMENT OF REDEVELOPMENT, Appellee-Plaintiff, Auditor of Allen County, Indiana and Treasurer of Allen County, Indiana, Appellee-Defendants.

Court of Appeals of Indiana.

January 13, 2006.


Attorney(s) appearing for the Case

Stephen L. Fink, Matthew M. Hohman, Jason T. Clagg, Barnes & Thornburg LLP, Fort Wayne, for Appellants.

Cathleen M. Shrader, Michael H. Michmerhuizen, Barrett & McNagny LLP, Fort Wayne, for Appellee City of Fort Wayne.

Joshua A. Burkhardt, Beers Mallers Backs & Salin, LLP, Fort Wayne, for Appellees Auditor and Treasurer of Allen County, Indiana.


OPINION

VAIDIK, Judge.

Case Summary

Southtown Properties, Inc., Meredith Suites, LLC, and B.V. Belk, Jr. and his successor in interest Eastgate Mall, LLC (collectively, the "Appellants") appeal from the judgment entered after a jury trial held to determine just compensation for property which the City of Fort Wayne ("City") took via eminent domain. Specifically, Appellants assert that the trial court abused its discretion by excluding certain evidence...

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