Legal Opinion

Gotshall v. Cass County

Indiana Court of Appeals

Decided June 10, 1992No. 09A02-9201-CV-6PublishedCited by 2 opinions

1Opinion of the Court

HOFFMAN, Judge.

Appellants-plaintiffs Raymond and Betty Gotshall appeal the trial court’s judgment in favor of Cass County, Indiana.

One issue is raised for review: whether Cass County is obligated to maintain Murphy Road, which is located in Cass County.

*211In October 1990, plaintiffs (Gotshalls) filed an amended complaint for declaratory judgment. The Gotshalls requested the trial court to declare whether Murphy Road was a private or public road and if it was a public road, to declare that Cass County had a duty to maintain it. It was not disputed that the Gotshalls had standing to bring this…

2Cases cited4 opinions

  1. City of Hammond v. MaherIndiana Court of Appeals · 1903
  2. Smolek v. Board of County CommissionersIndiana Court of Appeals · 1979
  3. Smolek v. BD. OF CTY. COM'RS OF PULASKI CTY.Indiana Court of Appeals · 1979
  4. Oak Shores Property Owners' Ass'n v. Noble County Board of CommissionersIndiana Court of Appeals · 1990

3Cited by2 opinions

  1. Estate of Reasor v. Putnam CountyIndiana Supreme Court · 1994
  2. Cass County v. GotshallIndiana Court of Appeals · 1997

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