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  5. 868 N.E.2d 844 (2007)
 

BD. OF COM'RS v. RIETH-RILEY CONST. CO.

No. 32A05-0610-CV-585.

868 N.E.2d 844 (2007)

HENDRICKS COUNTY BOARD OF COMMISSIONERS, Appellant, v. RIETH-RILEY CONSTRUCTION CO., INC., Appellee.

Court of Appeals of Indiana.

June 25, 2007.

Attorney(s) appearing for the Case

Gregory E. Steuerwald, Steuerwald, Zielinski & Witham, Danville, IN, Attorney for Appellant.

Jan M. Carroll, Mark J. Crandley, Barnes & Thornburg, LLP, Indianapolis, IN, Attorneys for Appellee.

OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Appellant-Respondent, The Board of Commissioners of The County of Hendricks, (the County Commissioners), appeals the trial court's Order on Cross-Motions for Summary Judgment, awarding partial summary judgment to Appellee-Petitioner, Rieth-Riley Construction Co. (Rieth-Riley). In its Order, the trial court granted declaratory judgment in favor of Rieth-Riley whereby it held that the Hendricks County...

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