Futterman-Marott Corp. v. City of Fort Wayne

Appellant brought this action below on its own behalf and on behalf of other taxpayers of the City of Fort Wayne, Indiana. The complaint prayed (1) for injunctive relief to prevent the defendant City of Fort Wayne from authorizing the defendant Southtown Mall, Inc. (“Southtown”) from undertaking the construction of improvements upon certain real estate acquired by Southtown from the City, (2) for injunctive relief to prevent Southtown from constructing the improvements, and (3) a judgment declaring void the transaction by which Southtown acquired the real estate from the City.

The issues were…