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TORNATTA INVEST. v. IND. DEPT. OF TRANSP.

No. 82A01-0701-CV-35.

879 N.E.2d 660 (2008)

TORNATTA INVESTMENTS, LLC, Appellant-Plaintiff, v. INDIANA DEPARTMENT OF TRANSPORTATION, Appellee-Defendant.

Court of Appeals of Indiana.

January 28, 2008.

Attorney(s) appearing for the Case

Leslie C. Shively, Shiveley & Associates, Evansville, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, David Steiner, Deputy Attorney General, Attorneys for Appellee.

OPINION

MATHIAS, Judge.

Tornatta Investments ("Tornatta") filed a complaint for declaratory judgment in Warrick Superior Court against the Indiana Department of Transportation ("INDOT") alleging that INDOT's purchase of an adjacent property caused a substantial diminution in value of Tornatta's real estate, which resulted in a taking without just compensation. The trial court concluded that INDOT's actions...

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