Town of Kewanna v. Hollis

STATON, Judge.

Cora Hollis and Goldie Carter Bailey, filed a Petition for the Vacation of a Portion of an Alley,1 which was adjacent to their property. Protesting the proposed vacation, the Town of Kewanna alleged, in its amended remonstrance, that the alley was necessary to the growth of the town and for the provision of public access. After hearing evidence, the court granted the petition to vacate.

On appeal, the Town asks if the judgment of the court is supported by sufficient evidence?

We affirm.

According to IC 1971,18-5-10-44, the court shall grant the prayer of a petition to vacate, in…