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  5. 849 N.E.2d 1197 (2006)
 

CITY OF CARMEL v. MARTIN MARIETTA MATERIALS

No. 29A04-0506-CV-358.

849 N.E.2d 1197 (2006)

THE CITY OF CARMEL, Indiana, Appellant-Defendant, v. MARTIN MARIETTA MATERIALS, INC., Appellee-Plaintiff.

Court of Appeals of Indiana.

July 5, 2006.

Attorney(s) appearing for the Case

Alan S. Townsend, Paul D. Vink, Bose McKinney & Evans LLP, Indianapolis, IN, Attorneys for Appellant.

Thomas E. Mixdorf, Zeff A. Weiss, Abigail B. Cella, Ice Miller LLP, Indianapolis, IN, H. Wayne Phears, Phears & Moldovan, Norcross, GA, Attorneys for Appellee.

OPINION

ROBB, Judge.

Case Summary

The City of Carmel, Indiana, ("Carmel") appeals the trial court's grant of a preliminary injunction in favor of Martin Marietta Materials, Inc. ("Martin Marietta"), enjoining enforcement of Carmel's Ordinance No. D-1686-04 As Amended: An Ordinance of the Common Council of the City of Carmel, Indiana, to Regulate Mining Operations within the Corporate Boundaries of the City of Carmel ("Amended Ordinance"...

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