Legal Opinion

Annexation Ordinance No. X-21-68 v. City of Fort Wayne

Indiana Court of Appeals

Decided January 30, 1973No. 3-572A5PublishedCited by 4 opinions

1Opinion of the CourtHoffman, C.J.

The primary issue in this appeal is whether each of the primary determinants required for annexation is supported by sufficient evidence. The primary determinants are sets forth in Acts 1955, ch. 269, § 3, p. 720 1 as found in Ind. Ann. Stat. § 48-702 (urns 1963), as follows:

“The judge of the court shall, upon the date fixed, proceed to hear and determine such appeal without the intervention of jury, and shall, without delay, give judgment upon the question of such annexation according to the evidence which either party may introduce. Such evidence demonstrating the presence of the following…

2Cases cited7 opinions

  1. City of Aurora v. BRYANTIndiana Supreme Court · 1960
  2. Cato Enterprises v. FINE, ETC.Indiana Court of Appeals · 1971
  3. SMITH v. the Incorp. Town of Culver, Ind.Indiana Supreme Court · 1968
  4. State v. LonerganIndiana Supreme Court · 1969
  5. Abell v. City of SeymourIndiana Court of Appeals · 1971

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. State v. QuackenbushIndiana Court of Appeals · 1973
  2. Town of Whitestown, Indiana v. Rural Perry Township LandownersIndiana Court of Appeals · 2015
  3. LeMaster v. City of Fort WayneIndiana Court of Appeals · 1973
  4. Wagner v. City of WarsawIndiana Court of Appeals · 1972

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