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CITY OF CARMEL v. STEELE

No. 29S02-0604-CV-139.

865 N.E.2d 612 (2007)

CITY OF CARMEL, Indiana, Appellant (Defendant below), v. Carl Michael STEELE and Victoria A. Russo-Steele, Appellees (Complainants below).

Supreme Court of Indiana.

May 2, 2007.

Attorney(s) appearing for the Case

Nicholas K. Kile, Barnes & Thornburg LLP, Indianapolis, IN, Douglas C. Haney, City of Carmel, Department of Law, Carmel, IN, Attorneys for Appellant.

Brian J. Zaiger, Noblesville, IN, Attorney for Appellees.

On Petition To Transfer from the Indiana Court of Appeals, No. 29A02-0503-CV-245.

RUCKER, Justice.

When a municipality proceeds to annex territory as a result of a petition requesting it to do so, the legal description of the territory as set forth in the annexation ordinance determines whether the territory is contiguous to a municipality's corporate boundaries. Here, the trial court looked beyond the ordinance to the legal description in the petition that...

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