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BROCKMANN ENTERPRISES v. CITY OF NEW HAVEN

No. 02A04-0605-CV-272.

861 N.E.2d 725 (2007)

BROCKMANN ENTERPRISES, L.L.C., Appellant-Plaintiff, v. CITY OF NEW HAVEN, Terry McDonald, Wayne Doenges, and Tim Doyle, as the Board of Directors of the City of New Haven Department of Storm Water Management, City of New Haven Department of Storm Water Management, and City of New Haven Storm Water Taxing District, Appellees-Defendants.

Court of Appeals of Indiana.

February 21, 2007.

Attorney(s) appearing for the Case

Cathleen M. Shrader, John M. Clifton, Jr., Barrett & McNagny LLP, Fort Wayne, IN, Attorneys for Appellant.

Ann M. Trzynka, David C. Van Gilder, Van Gilder & Trzynka, P.C. Fort Wayne, IN, Attorneys for Appellees.

OPINION

BAILEY, Judge.

Case Summary

Appellant-Plaintiff Brockmann Enterprises, LLC ("Brockmann") appeals the trial court's grant of the Appellees-Defendants' Motion for Summary Judgment. We reverse.

Issue

Brockmann raises two issues on appeal, the first of which we conclude to be dispositive: Whether the City of New Haven had authority to establish a Storm Water Service Charge without action by the Board of Directors of the City...

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