Indianapolis Railways, Inc. v. City of Indianapolis

This is an action brought by appellee, City of Indianapolis, for a declaratory judgment, under § 3-1101, Burns’ 1946 Replacement, to have the trial court declare the rights of the parties under the grade separation statutes, §§ 48-3401 to 48-3410, inclusive, Burns’ 1950 Replacement (Acts 1923, ch. 152, p. 425, as amended by Acts 1933, ch. 25, p. 116), and §§ 55-1810 to 55-1812, inclusive,. Burns’ 1951 Replacement (Acts 1939, ch. 41, p. 167) ; and, by appellant’s answer in two paragraphs, to have §§ 48-3401 to 48-3410, inclusive, and § 55-1810, declared unconstitutional in their application to…