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STATE v. SMITH

No. 2-976A341.

381 N.E.2d 873 (1978)

STATE of Indiana, Appellant (Plaintiff below), v. Gordon SMITH and Joan Smith, His Wife, Tenants in Common, John T. Hume III and Nancy Hume, His Wife, Tenants in Common, Robert W. Geddes and Janice Geddes, His Wife, Tenants in Common, Auditor of Marion County, Treasurer of Marion County, Appellees (Defendants below).

Court of Appeals of Indiana, Fourth District.

October 16, 1978.

Attorney(s) appearing for the Case

Theo. L. Sendak, Atty. Gen., Wesley T. Wilson, Deputy Atty. Gen., Indianapolis, for appellant.

Smith & Jones, John C. Green, Harold W. Jones, Indianapolis, for appellees.

CHIPMAN, Presiding Judge.

The State of Indiana filed a condemnation action in 1975 seeking to appropriate a parcel of land in Indianapolis, Indiana owned by the Defendant-appellees (Owners). The trial court dismissed the action and permanently enjoined the State from appropriating the parcel of land. On appeal, the State alleges that the trial court erred as follows: 1) in dismissing and denying the State's complaint for...

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