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CITY OF HAMMOND v. RED TOP TRUCKING CO., INC.

No. 3-578A101.

409 N.E.2d 655 (1980)

The CITY OF HAMMOND, a Municipal Corporation, and George Carlson, John Skurka, Ken Spurlock, Gerald Bobos, Edward Bragiel, John Parrish, Louis Karubas, Anthony Colantonio, Frank Mrvan, All As Members of the Common Council of the City of Hammond, and George Sudicky, Thomas C. Conley, John R. Stanish, All As Members of the Board of Public Works and Safety of the City of Hammond and Theodore L. Sendak, Attorney General of the State of Indiana, Appellants (Defendants), v. RED TOP TRUCKING COMPANY, Inc., an Indiana Corporation, Appellee (Plaintiff).

Court of Appeals of Indiana, Fourth District.

Rehearing Denied October 17, 1980.

Attorney(s) appearing for the Case

C. Jerome Smith, Smith & Funk, Hammond, for appellants.

William J. O'Connor and David W. Weigle, O'Connor & Weigle, Hammond, for appellee.

YOUNG, Presiding Judge.

Appellee Red Top Trucking Co. challenged the validity of Hammond ordinances no. 3089 and no. 4137. The trial court held, inter alia, that all of the first ordinance and a portion of the second were unconstitutional. We affirm.

On July 1, 1975, Red Top applied to the City of Hammond for a permit to excavate sand. Shell Oil Co. owned the land in question. At the time material to this lawsuit Red Top was negotiating to buy the land...

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