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BURKHART ADVERTISING v. CITY OF FORT WAYNE

No. 02A03-0904-CV-183.

918 N.E.2d 628 (2009)

BURKHART ADVERTISING, INC., Appellant-Third Party Plaintiff, v. CITY OF FORT WAYNE, Appellee-Third Party Defendant.

Court of Appeals of Indiana.

December 17, 2009.

Attorney(s) appearing for the Case

Patrick R. Hess, Craig R. Patterson, Fort Wayne, IN, Attorneys for Appellant.

Robert W. Eherenman, Haller & Colvin, P.C., Fort Wayne, IN, Attorney for Appellee.

OPINION

BARNES, Judge.

Case Summary

Burkhart Advertising, Inc., ("Burkhart") appeals the trial court's grant of summary judgment to the City of Fort Wayne ("City") and the trial court's denial of Burkhart's motion for summary judgment. We affirm.

Issue

Burkhart raises one issue, which we restate as whether the City's approval of a landowner's development plan conditioned on the removal of Burkhart's billboard resulted in a taking...

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