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FARLEY v. HAMMOND SANITARY DIST.

No. 45A05-1008-CT-481.

956 N.E.2d 76 (2011)

Katherine FARLEY and James Paul, On Behalf of Themselves and All Others Similarly Situated, Appellants-Plaintiffs, v. HAMMOND SANITARY DISTRICT, Appellee-Defendant.

Court of Appeals of Indiana.

September 12, 2011.

Attorney(s) appearing for the Case

David R. Dubin , Macuga, Liddle & Dubin, P.C., Detroit, MI, Marshall P. Whalley , Marshall P. Whalley & Associates, P.C., Merrillville, IN, Attorneys for Appellants.

Joseph M. Dietz , Andrew M. Sumerford , Meils Thompson Dietz & Berish, Indianapolis, IN, Attorneys for Appellee.

OPINION

BARTEAU, Senior Judge.

Plaintiffs-Appellants Katherine Farley and James Paul, on behalf of themselves and all others similarly situated (collectively, "Farley and Paul"), appeal the trial court's grant of summary judgment to Defendant-Appellee Hammond Sanitary District ("HSD"). We affirm in part, reverse in part, and remand.

ISSUES

Farley and Paul raise three issues, which we restate as:

I. Whether the trial court...

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