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TOWN OF CLEAR LAKE v. HOAGLAND FAMILY LP

Court of Appeals Case No. 76A05-1606-PL-1241.

75 N.E.3d 1081 (2017)

TOWN OF CLEAR LAKE, Appellant-Plaintiff, v. HOAGLAND FAMILY LIMITED PARTNERSHIP, Appellee-Defendant.

Court of Appeals of Indiana.

Filed April 6, 2017.

Attorney(s) appearing for the Case

ATTORNEYS FOR APPELLANT — TOWN OF CLEAR LAKE: Jeffrey P. Smith , David K. Hawk , Hawk, Haynie, Kammeyer & Smith, LLP, Fort Wayne, Indiana.

ATTORNEYS FOR AMICI CURIAE — ASSOCIATION OF CITIES AND TOWNS AND THE INDIANA MUNICIPAL LAWYERS ASSOCIATION: Nicholas K. Kile , Mark J. Crandley , Barnes & Thornburg LLP, Indianapolis, Indiana.

ATTORNEY FOR APPELLEE: Jonathan O. Cress , Cress Law Group P.C., Angola, Indiana, Diana C. Bauer , Bauer Legal LLC, Fort Wayne, Indiana.

The Town of Clear Lake (the Town) appeals the judgment of the trial court, which granted summary judgment to Hoagland Family Limited Partnership (Hoagland) and denied the Town's motion for partial summary judgment. The trial court ruled that until the Town made its sewer system accessible through the installation of a grinder pump...

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