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CITY OF HAMMOND v. HERMAN & KITTLE

Supreme Court Case No. 19S-PL-148.

119 N.E.3d 70 (2019)

CITY OF HAMMOND, Appellant (Plaintiff) v. HERMAN & KITTLE PROPERTIES, INC., Appellee (Defendant) and State of Indiana, Appellee (Intervenor).

Supreme Court of Indiana.

Filed March 15, 2019.

Attorney(s) appearing for the Case

ATTORNEYS FOR APPELLANT: Bryan H. Babb , Bradley M. Dick , Bose McKinney & Evans LLP, Indianapolis, Indiana.

ATTORNEYS FOR APPELLEE: Steven C. Shockley , Russell C. Menyhart , Taft Stettinius & Hollister LLP, Indianapolis, Indiana.

ATTORNEYS FOR INTERVENOR: Curtis T. Hill, Jr. , Attorney General of Indiana, Thomas M. Fisher , Solicitor General, Frances H. Barrow , Julia C. Payne , Deputy Attorneys General, Indianapolis, Indiana.

Article 4, Section 23 of the Indiana Constitution forbids special legislation—laws that apply only to a specific class—if a general law can be made applicable. Our case law has underscored two important, but countervailing, points: while the drafters of the 1851 Constitution sought to curb the spread of special...

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