Elmore v. City of Sullivan

Plaintiffs-appellants, Morris J. Elmore, Darhis Elmore, John Graham and Mary Graham (hereinafter Elmores) bring this appeal from the dismissal of their action for declaratory judgment by the Sullivan Circuit Court. At issue is whether that court lacked jurisdiction to entertain the action.

We affirm.

Although somewhat obfuscated, the facts, as we discern them, are as follows. Westside Realty, Inc. owned a parcel of unimproved real estate in the City of Sullivan, Indiana. This parcel was destined to become the site of a Burger Chef restaurant. The Grahams own a residence adjacent to the parcel,…