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TOWN OF ELLETTSVILLE v. DESPIRITO

Court of Appeals Case No. 53A01-1611-PL-2559.

78 N.E.3d 666 (2017)

TOWN OF ELLETTSVILLE, Indiana Plan Commission and Richland Convenience Store Partners, LLC, Appellants-Respondents, v. Joseph V. DESPIRITO, Appellee-Petitioner.

Court of Appeals of Indiana.

May 25, 2017.

Attorney(s) appearing for the Case

ATTORNEY FOR APPELLANT TOWN OF ELLETTSVILLE, INDIANA PLAN COMMISSION: Darla S. Brown , Sturgeon & Brown, P.C., Bloomington, Indiana.

ATTORNEYS FOR APPELLANT RICHLAND CONVENIENCE STORE PARTNERS, LLC: Andrew P. Sheff , Sheff Law Office, Carina M. de la Torre , The de la Torre Law Office LLC Indianapolis, Indiana.

ATTORNEYS FOR APPELLEE: Michael Rabinowitch , Maureen E. Ward , Wooden McLaughlin, LLP, Indianapolis, Indiana.

Case Summary

Richland Convenience Store Partners, LLC ("RCSP"), and Joseph V. DeSpirito own adjoining lots in an Ellettsville subdivision. RCSP filed a petition with the Town of Ellettsville Plan Commission to relocate a utility easement on RCSP's property, which contains a private sewer line that serves DeSpirito's optometry...

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