State ex rel. City of Indianapolis v. Dowling

This action arises out of one of several cases filed in the respondent court to appeal from rulings of the Board of Flood Control Commissioners of the City of Indianapolis assessing damages for real estate taken for the construction of Eagle Creek flood control *392project. It is agreed by all parties that the appeals were, brought pursuant to Burns’ Ind. Stat. Anno. §§ 48-4501 to 48-4509 (1963 Repl.). Section 48-4504 reads in part as follows: “. . . All such appeals shall be tried by the Court without the intervention of a Jury ...”

Relator requested trial by jury in each of eight similar cases…