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ELLIOTT v. CITY OF INDIANAPOLIS ET AL.

No. 29,406.

237 Ind. 287 (1957)

142 N.E.2d 911

ELLIOTT v. CITY OF INDIANAPOLIS ET AL.

Supreme Court of Indiana.

Rehearing denied October 3, 1957.

Attorney(s) appearing for the Case

Emsley W. Johnson, Jr., Ben J. Weaver, William Traylor and Johnson & Weaver, all of Indianapolis, for appellant.

Earl Townsend and Townsend & Townsend, of Indianapolis, for all appellees except City of Indianapolis.

Michael B. Reddington, Corporation Counsel, John J. Dillon, City Attorney and James E. Noland, Asst. City Attorney, all of Indianapolis, for appellee City of Indianapolis.

ACHOR, J.

The Board of Public Works of the City of Indianapolis appropriated certain real estate owned by the appellant for the opening of a street under its statutory power of eminent domain. Appellant appealed his case to the trial court under § 48-2112, Burns' 1950 Repl. (Acts 1933, ch. 15, § 12, p. 37.)

The issues were formed by the appellant's complaint (plaintiff in the lower court), which alleged that the action of the board was unfair, in...

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