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THE CEMETERY CO. v. WARREN SCH. TWP. ET AL.

No. 29,397.

236 Ind. 171 (1957)

139 N.E.2d 538

THE CEMETERY COMPANY v. WARREN SCHOOL TOWNSHIP OF MARION COUNTY ET AL.

Supreme Court of Indiana.

Filed January 7, 1957.

Attorney(s) appearing for the Case

Alembert W. Brayton and William B. Patrick, both of Indianapolis, for appellant.

Lafuze, Ging & Graber, of Indianapolis, for appellee, Warren School Township of Marion County.

Schortemeier, Eby & Wood, of Indianapolis, for appellee, Memorial Park Cemetery Association.

ARTERBURN, J.

Appellee, Warren School Township, filed a suit to take by eminent domain proceedings for school purposes the property already dedicated to a public use owned by the Cemetery Company, the appellant. Two main questions are raised by this appellant: (1) the right of a school corporation to take for its public use, property already dedicated to another public use; and (2) the right of the appellant to raise this issue by the filing of objections setting...

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