Keene v. City of Michigan City

On March 14, 1960, the Common Council of the City of Michigan City, pursuant to Acts 1955, ch. 269, §1, p. 720, being §48-701, Burns’ 1960 Cum. Supp., adopted an ordinance to annex certain *594contiguous territory. Such ordinance was approved by the Mayor and notice given pursuant to statute.

Subsequently, appellants, pursuant to Acts 1955, ch. 269, §3, p. 720, being §48-702, Burns’ I960 Cum. Supp., filed their remonstrance to such ordinance in the La-Porte Circuit Court.

A special judge was selected by agreement of the parties and on August 29, 1960, appellees filed a motion to dismiss alleging…