Indiana Grocery Co. v. Crosby Properties Co.

RATLIFF, Chief Judge.

STATEMENT OF THE CASE

Indiana Grocery Company, Inc. (Grocery) appeals from a grant of summary judgment for Crosby Properties Company, an Illinois General Partnership, National Tea Company and National Tea Company Employees Pension Plan (Crosby) in an action to award sums received as a result of a condemnation action by the City of Indianapolis, by and through the Department of Transportation (City). We reverse and remand.

ISSUE

We restate the "mirror image" issues the parties present on appeal as a single issue:

Is summary judgment in favor of a lessee proper where it shows a…