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HISTORIC PRESERVATION v. BRADFORD REALTY

No. 22A01-1108-PL-365.

965 N.E.2d 79 (2012)

NEW ALBANY HISTORIC PRESERVATION COMMISSION and City of New Albany, Appellants-Defendants, v. BRADFORD REALTY, INC., Appellee-Plaintiff.

Court of Appeals of Indiana.

March 22, 2012.

Attorney(s) appearing for the Case

New Albany Historic Preservation Commission, Rachele L. Cummins , A. David Hutson , Smith Carpenter Thompson Fondrisi , Cummins & Lewis, LLC, Jeffersonville, IN, City of New Albany, Shane L. Gibson , New Albany City Attorney, New Albany, IN, Attorneys for Appellant.

John A. Kraft , Jennifer Kraft Kuchle , Young Lind Endres & Kraft, New Albany, IN, Attorneys for Appellee.

OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Appellants-Defendants, the New Albany Historic Preservation Commission and the City of New Albany (collectively, the NAHPC), appeal the trial court's summary judgment in favor of Appellee-Plaintiff, Bradford Realty, Inc. (Bradford), concluding that Bradford had not received due process when the NAHPC designated its property to be located in a historic district.

We reverse in part and affirm...

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