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STATE v. CITY OF LOGANSPORT

No. 09A02-0911-CV-1139.

928 N.E.2d 587 (2010)

STATE of Indiana on the Relation of Michael BERKSHIRE, Appellant-Plaintiff, v. CITY OF LOGANSPORT, Indiana; and Logansport Parks & Recreation Board, Appellees-Defendants.

Court of Appeals of Indiana.

June 4, 2010.

Attorney(s) appearing for the Case

Matthew D. Barrett, Matthew D. Barrett, P.C., Logansport, IN, Attorney for Appellant.

Kelly Leeman, Logansport, IN, Attorney for Appellees.

OPINION

BAKER, Chief Judge.

Nearly one hundred years ago, Cass County Circuit Judge David D. Dykeman died, leaving certain real property to the City of Logansport to operate as a public park. Although the park has been in operation since the early 1900s, Michael Berkshire, a Logansport resident, objects to Logansport's decision to allow the sale of alcohol on the premises. As a result, Berkshire filed an action...

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