Dzur v. Northern Indiana Public Service Company

These cases were commenced as three separate condemnation actions brought by the appellee. The cases have been consolidated on the Court’s own motion for the purposes of this opinion. This is the second appeal by the appellants between the same parties, concerning the same subject matter. See Country Estate, Inc. v. Northern Indiana Public Service Co. (1970), 254 Ind. 108, 258 N. E. 2d 54, 21 Ind. Dec. 275. In our prior decision we reversed the trial court and remanded each case for further proceedings for the reason that the facts stated by the appellee demonstrate that 50 feet of a proposed…