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AREA PLAN COM'N OF EVANSVILLE v. MAJOR

No. 82A01-9812-CV-472.

720 N.E.2d 391 (1999)

AREA PLAN COMMISSION OF EVANSVILLE and Vanderburgh County, Appellant-Defendant, v. Timothy J. MAJOR, Appellee-Plaintiff.

Court of Appeals of Indiana.

Rehearing Denied February 1, 2000.

Attorney(s) appearing for the Case

D. Timothy Born, Shawn M. Sullivan, Terrell, Baugh, Salmon & Born, LLP, Evansville, Indiana, Attorneys for Appellant.

Leslie C. Shively, Fine & Hatfield, Evansville, Indiana, Attorney for Appellee.

OPINION

STATON, Judge

The Area Plan Commission of Evansville and Vanderburgh County ("APC") appeals from a judgment entered in favor of Timothy Major awarding him damages for the temporary and permanent taking of his property. The APC raises three issues on appeal, which we restate as:

I. Whether the trial court lacked subject matter jurisdiction as a result of Major's failure to exhaust his administrative...

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