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HAMMOND v. GRAOCH ASSOCIATES NO. 52, L.P.

No. 45A03-0809-CV-455.

909 N.E.2d 1086 (2009)

The City of HAMMOND, a Municipal Corporation, Appellant-Defendant, v. GRAOCH ASSOCIATES #52, L.P., a Washington Limited Partnership, d/b/a River Park Apartments, Appellee-Plaintiff.

Court of Appeals of Indiana.

July 23, 2009.

Attorney(s) appearing for the Case

David W. Westland, Jack A. Kramer, Tara K. Tauber, Tauber Westland & Bennett P.C., Schererville, IN, Attorneys for Appellant.

Gary K. Matthews, Enslen, Enslen and Matthews, Hammond, IN, Attorney for Appellee.

OPINION

MAY, Judge.

In 2005, the City of Hammond condemned an apartment complex owned by Graoch Associates # 52 L.P. The City and Graoch agreed to prorate Graoch's 2005 property taxes based on the 2004 bill. The City received a credit and agreed to pay Graoch's tax bill when it came due. After the condemnation was complete and the compensation was paid, we decided Southtown Properties, Inc. v. City of Fort Wayne, 840 N.E.2d 393

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