Legal Opinion
McGaharan v. City of Fort Wayne
Indiana Court of Appeals
Decided November 1, 1978No. 3-977A226PublishedCited by 16 opinions
1Opinion of the CourtHoffman, J.
John McGaharan and others (appellants) remonstrated against annexation of certain territories known as Glenwood Park Extended and Summit Ridge Addition, by the City of Fort Wayne. The City was granted summary judgment and the remonstrators appeal.
The depositive issue of this appeal is whether or not the trial court erred in finding that the remonstrance was invalid for lack of a requisite number of signators representing 51% of all persons owning property in the territory sought to be annexed.
The following facts give rise to this appeal:
In 1968 the Common Council of Fort Wayne passed…
2Cases cited7 opinions
- BOARD OF TRUSTEES, ETC. v. City of Fort WayneIndiana Supreme Court · 1978
- Hayes v. Second Nat. Bank of RichmondIndiana Court of Appeals · 1978
- McGraw v. Marion County Plan CommissionIndiana Court of Appeals · 1961
- Carpenter v. StateIndiana Supreme Court · 1977
- Engle v. City of IndianapolisIndiana Court of Appeals · 1972
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Downham v. WagnerIndiana Court of Appeals · 1980
- Tucker v. Marion County Department of Public WelfareIndiana Court of Appeals · 1980
- Rogers v. City of EvansvilleIndiana Court of Appeals · 1982
- Burcham v. Metropolitan Board of Zoning Appeals Div. I of Marion CountyIndiana Court of Appeals · 2008
- Schoffstall v. FaileyIndiana Court of Appeals · 1979
11 more not listed; retrieve them via the Exa API.