Montagana v. City of Elkhart

In this case the appellant-plaintiffs as taxpayers and residents of the city filed a “complaint for declaratory judgment” to challenge an annexation ordinance of the Elkhart City Council. On Motion of the appellee-defendant, summary judgment was granted on pleading paragraph II of the complaint. 1 In their motion to correct errors, appellants-plaintiffs contended that entry of summary judgment was contrary to law in that the trial court had held it was without jurisdiction to conduct a hearing on the alleged illegality of the annexation ordinance which was sought by non-residents of the…