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AMERICAN COLD STORAGE v. CITY OF BOONVILLE

No. 87S01-1303-PL-157.

2 N.E.3d 3 (2014)

AMERICAN COLD STORAGE, et al., Appellants (Remonstrators/Plaintiffs), v. The CITY OF BOONVILLE, Appellee (Defendant).

Supreme Court of Indiana.

January 21, 2014.

Attorney(s) appearing for the Case

Jon B. Laramore,   Donald E. Morgan, Faegre Baker Daniels LLP, Indianapolis, IN, Attorneys for Appellants.

James L. Petersen,   Timothy E. Ochs,   Brian J. Paul,   Hilary G. Buttrick, Ice Miller LLP, Indianapolis, IN, Attorneys for Appellee.

On Transfer from the Indiana Court of Appeals, No. 87A01-1112-Pl.-610

DICKSON, Chief Justice.

This appeal arises from an action by numerous landowners to remonstrate against an attempt by the City of Boonville to annex 1,165 acres of real estate located west of Boonville's geographic limits. The sole disputed issue in this appeal is whether the statutory prerequisite sixty-five percent (65%) of remonstrating landowners is to be determined by separately counting...

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