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BRENWICK ASSOC. v. BOONE COUNTY RED. COM'N

No. 06S04-0712-CV-573.

889 N.E.2d 289 (2008)

BRENWICK ASSOCIATES, LLC, and Town of Whitestown, Indiana, Appellants (Defendants below), v. BOONE COUNTY REDEVELOPMENT COMMISSION and the Board of Commissioners of Boone County, Indiana, Appellees (Plaintiffs below).

Supreme Court of Indiana.

June 30, 2008.

Attorney(s) appearing for the Case

George T. Patton, Jr., Alan S. Townsend, J. Christopher Janak, Stephen C. Unger, Indianapolis, IN, Attorneys for Appellants.

R. Thomas Bodkin, Evansville, IN, Attorney for Amici Curiae Cities of Beech Grove, Berne, Carmel, Kokomo, Mitchell, Mount Vernon, and Muncie, and Towns of Bargersville, Cumberland, Fishers, Newburgh, Pendleton, St. Leon, Sheridan, and Trafalgar.

Eileen J. Sims, Lebanon, IN, Thomas K. Downs, Michael A. Wukmer, Donald R. Hostetler, Indianapolis, IN, Attorneys for Appellees.

Michael A. Howard, Noblesville, IN, Attorney for Amici Curiae Association of Indiana Counties, Inc., Indiana Association of Cities and Towns, City of Hobart, and County of Lake.

SULLIVAN, Justice.

The Town of Whitestown initiated annexation of unincorporated land in Boone County to spur economic development. Ten days later, the County itself initiated proceedings to establish a special taxing district (called an economic development area) that included the same unincorporated land. Our State's economic development statutes permitted Boone County to establish the economic development area at issue in this case even though it included the same...

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