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HARVEY v. TOWN OF MERRILLVILLE

No. 11-1041.

649 F.3d 526 (2011)

Bishop HARVEY, Jr., et al., Plaintiffs-Appellants, v. TOWN OF MERRILLVILLE, an Indiana municipal corporation, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 11, 2011.

Attorney(s) appearing for the Case

Elizabeth D. Tate (argued), Attorney, Lewis & Associates, Gary, IN, for Plaintiffs-Appellants.

Michael J. Rappa (argued), Attorney, Johnson Rappa & Ivancevich, Merrillville, IN, for Defendants-Appellees.

Jeffrey T. Kubes , Clare J. Quish (argued), Attorneys, Schuyler, Roche & Crisham P.C., Chicago, IL, for Defendant-Appellee.

Before CUDAHY, KANNE, and TINDER, Circuit Judges.

TINDER, Circuit Judge.

Henry David Thoreau found solace when he lived near Walden Pond. Homeowners perhaps seeking the same from a small pond in the Innsbrook subdivision in Merrillville, Indiana, claim to have found anything but. They allege that the retention pond their lots abut is a haven not for tranquility but for algae and mosquitoes, a source of flooding and frustration rather than inspiration and insight. They feared that a proposed expansion of the subdivision...

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