SCALAMBRINO v. TOWN OF MICHIANA SHORES

No. 46A03-0807-CV-342.

904 N.E.2d 673 (2009)

Bruce C. SCALAMBRINO, Carole K. Towne, Claudia Langman, Thomas W. Hayes, Diana Rigas, Wilson Troup, Steven Vargas, Nancy Vargas, Lorna Chronis, Bunny Fisher, David Heckman, and Paul Parenteau, Appellants-Plaintiffs, v. TOWN OF MICHIANA SHORES, Joan Lewis, in her individual capacity and her representative capacity as Michiana Shores Town Council President, Jean V. Poulard, in his representative capacity as Michiana Shores Town Council Vice President, Richard Pliske, in his representative capacity as Michiana Shores Town Councilman, Richard Young in his individual capacity and in his representative capacity as Michiana Shores Town Councilman, Steve Millick, in his individual capacity and in his representative capacity as Michiana Shores Clerk/Treasurer, Robert Horning, in his representative capacity as Michiana Shores Building Commissioner, John Bauer, in his representative capacity as Michiana Shores Assistant Building Commissioner, T-Mobile Central, LLC and T-Mobile USA, Inc., Appellees-Defendants.

Court of Appeals of Indiana.

April 20, 2009.


Attorney(s) appearing for the Case

Matthew J. Hagenow, Newby, Lewis, Kaminski & Jones, LLP, La Porte, IN, Attorney for Appellants.

Jeffrey F. Gunning, Pinkerton and Friedman, P.C., Munster, IN, Attorney for Appellees Town of Michiana Shores, Joan Lewis, Jean V. Poulard, Richard Pliske, Richard Young, Steve Millick, Robert Horning and John Bauer.

F. Joseph Jaskowiak, Kevin G. Kerr, Hoeppner Wagner & Evans LLP, Valparaiso, IN, Attorneys for Appellees, T-Mobile Central, LLC and T-Mobile USA, Inc.


OPINION

ROBB, Judge.

Case Summary and Issue

Bruce Scalambrino and the other town-resident plaintiffs appeal the trial court's entry of summary judgment on counts I through IV and VI of their second amended complaint in favor of Michiana Shores ("the Town") and T-Mobile.1 Scalambrino raises a single issue for our review; whether the trial court erred when it entered summary judgment in favor of T-Mobile and the...

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