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SLENTZ v. CITY OF FORT WAYNE

No. 29,096.

233 Ind. 226 (1954)

118 N.E.2d 484

SLENTZ ET AL. v. CITY OF FORT WAYNE, INDIANA, BOARD OF PUBLIC WORKS ET AL.

Supreme Court of Indiana.

Filed April 5, 1954.

Attorney(s) appearing for the Case

James Forth, Chester A. Lincoln and James P. Murphy, all of Fort Wayne, for appellants.

Paul W. Philips, City Attorney, William F. McNagny, Associate City Attorney, Richard A. Smith, James R. Newkirk, Reed & Torborg, Newkirk, Keane & Kowalczyk, all of Fort Wayne, for appellees.

BOBBITT, J.

The board of public works of the city of Fort Wayne, Indiana, pursuant to § 97, ch. 129 of the Acts of 1905, being § 48-2001, Burns' 1950 Replacement, adopted a declaratory resolution determining the necessity for the taking of certain described real estate owned by appellants for the use of the city water works. Concurrently therewith statutory notice was given to all property owners that on September 16, 1952, at nine o'clock A.M., CST, the...

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