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MATTER OF CITY OF FORT WAYNE

No. 3-977A226.

381 N.E.2d 1093 (1978)

In the matter of the Annexation Proposed by Annexation Ordinance No. X-02-74, Being an Ordinance to Annex Certain Territory to the CITY OF FORT WAYNE and to Include Same in Councilmanic District No. 2. John J. McGAHARAN et al., Appellants (Remonstrators), v. CITY OF FORT WAYNE, Indiana, Appellee (Respondent).

Court of Appeals of Indiana, Third District.

Rehearing Denied November 30, 1978.

Attorney(s) appearing for the Case

Bruce R. Snyder, Bloom & Bloom, Fort Wayne, for appellants.

Clifford E. Simon, Jr., Fort Wayne, for appellee.

HOFFMAN, Judge.

John McGaharan and others (appellants) remonstrated against annexation of certain territories known as Glenwood Park Extended and Summit Ridge Addition, by the City of Fort Wayne. The City was granted summary judgment and the remonstrators appeal.

The dispositive issue of this appeal is whether or not the trial court erred in finding that the remonstrance was invalid for lack of a requisite number...

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