Priester v. Hawkins

This is an appeal by Margaret Priester and Franklin Priester from an order of the Circuit Court of Marion County dismissing their civil action in which they sought damages against the City of Fairmont for losses they sustained when the City demolished their house. The Priesters contend that the circuit court erred in dismissing the action. We agree and reverse the decision of the circuit court and remand the action.

Sometime after September 1,1976, the City of Fairmont demolished a house owned, but not occupied, by the Pries-ters. After learning of the demolition, the Priesters sued the City…