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STATE v. KIMCO OF EVANSVILLE, INC.

No. 82S01-0806-CV-308.

902 N.E.2d 206 (2009)

STATE of Indiana, Appellant (Plaintiff below), v. KIMCO OF EVANSVILLE, INC., n/k/a KCH Acquisition, Inc., The Franklin Life Insurance Company, and Vanderburgh County, Indiana, Appellees (Defendants below).

Supreme Court of Indiana.

March 4, 2009.

Attorney(s) appearing for the Case

Gregory F. Zoeller, Attorney General of Indiana, David L. Steiner, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellant.

Douglas D. Church, Fishers, IN, Attorney for Amici Curiae Indiana Association of Cities and Towns, Indiana Municipal Lawyers Association.

Gerard T. Carmody, Kelley F. Farrell, Erwin O. Switzer, St. Louis, MO, R. Thomas Bodkin, Evansville, IN, Attorneys for Appellees.

On Petition to Transfer from the Indiana Court of Appeals, No. 82A01-0607-CV-301

BOEHM, Justice.

In State v. Ensley, 240 Ind. 472, 164 N.E.2d 342 (1960), this Court held that roadway improvements that reduce or interfere with traffic flow to a commercial property do not constitute takings of a property right of the owner of the property. We reaffirm Ensley and hold that the...

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