State v. Smith

The State of Indiana filed a condemnation action in 1975 seeking to appropriate a parcel of land in Indianapolis, Indiana owned by the Defendant-appellees (Owners). The trial court dismissed the action and permanently enjoined the State from appropriating the parcel of land. On appeal, the State alleges that the trial court erred as follows: 1) in dismissing and denying the State’s complaint for appropriation of real estate and in sustaining the owners’ objections to the appropriation and 2) in permanently enjoining the State from appropriating the subject property.

We affirm the dismissal of…