DOAN v. City of Fort Wayne

Dissenting Opinion

Givan, J.

I dissent from the majority opinion granting-transfer and reversing the judgment of the trial court in this case.

I have read the opinion of the Appellate Court, Doan v. City of Fort Wayne (1969), 144 Ind. App. 517, 247 N. E. 2d 544, 17 Ind. Dec. 519. After reading the decision of the Appellate Court, I am of the opinion that it is correct. I think the provisions of the agreement entered into by the property owners are clear and uambiguous and that their expressed provisions must govern the rights of the parties involved. It is my opinion that they voluntarily chose…