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BD. OF CO. COMM. v. SIMS

No. 469-S-89.

252 Ind. 362 (1969)

248 N.E.2d 340

BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY v. SIMS ET AL.

Supreme Court of Indiana.

Filed June 20, 1969.

Attorney(s) appearing for the Case

Joseph Skozen, Hammond, Nelson G. Grills, Indianapolis, for appellants.

John B. Goodrich, Chicago, Illinois, for appellee Monon Railroad and Straley Thorpe, Hammond, for appellees.

HUNTER, J.

Appellees brought this action against the appellant Board of County Commissioners of Lake County to have an ordinance declared unconstitutional, contrary to law, and unenforceable. The ordinance, which had been enacted by the County Commissioners, incorporated the Town of Cedar Lake, Indiana. The appellees prevailed in the trial court, and the appellant Board filed a "motion for a new trial", contending that:

"1. The finding and decision of the...

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