BROCKMANN ENTERPRISES, LLC v. CITY OF NEW HAVEN

No. 02A04-0605-CV-272.

868 N.E.2d 1130 (2007)

BROCKMANN ENTERPRISES, LLC, Appellant-Plaintiff, v. CITY OF NEW HAVEN, Terry McDonald, Wayne Doenges, and Tim Doyle, as the Board of Directors of the City of New Haven Department of Storm Water Management, City of New Haven Department of Storm Water Management, and City of New Haven Storm Water Taxing District, Appellees-Defendants.

Court of Appeals of Indiana.

June 22, 2007.


Attorney(s) appearing for the Case

Cathleen M. Shrader, John M. Clifton, Jr., Barrett & McNagny LLP, Fort Wayne, IN, Attorneys for Appellant.

Ann M. Trzynka, David C. Van Gilder, Van Gilder & Trzynka, P.C., Fort Wayne, IN, Wayne C. Turner, Shannon D. Landreth, McTurnan & Turner, Indianapolis, IN, Attorneys for Appellees.


OPINION ON REHEARING

BAILEY, Judge.

The City of New Haven ("City"), the City's Department of Storm Water Management ("Department"), the Department's Board of Directors ("Board"), and the City's Storm Water Taxing District (collectively "Defendants") filed a Petition for Rehearing of this Court's Opinion of February 21, 2007, invalidating certain provisions of City Ordinance G-04-02 ("Ordinance"). For the reasons described below, we grant the Petition for...

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