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STATE v. GRADISON

No. 3-176A5.

381 N.E.2d 1259 (1978)

STATE of Indiana, Appellant (Plaintiff below), v. Jules T. GRADISON and Rita J. Gradison, Auditor of Allen County, Treasurer of Allen County, Appellees (Defendants below).

Court of Appeals of Indiana, Third District.

October 31, 1978.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen. of Indiana, Arthur Thaddeus Perry, Deputy Atty. Gen., Indianapolis, for appellant.

James W. Treacy, Treacy, Carter & Cohen, Indianapolis, David B. Keller, Parker, Hoover, Keller & Waterman, Fort Wayne, for appellee, Jules T. Gradison.

Thomas E. Ruzzo, Fort Wayne, for appellees, Auditor of Allen County; Treasurer of Allen County.

STATON, Judge.

On March 16, 1973, the State of Indiana filed a Complaint for Appropriation of Real Estate in the Allen Circuit Court. The property taken was .553 acres of land off a parcel of land containing approximately five acres owned by Jules T. Gradison. The purpose of the take was for a right of way on U.S. 30 near the intersection of Highways 30 and 33 and Interstate 69. The highway project created a limited access frontage to this land for that portion of...

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