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eBook details

• Title: City Elkhart v. Curtis Realty Company
• Author : Supreme Court Of Indiana
• Release Date : January 18, 1970
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

This appeal presents serious questions of the scope and proper application of the Acts of 1967, ch. 357, being Burns Ind. Stat. Ann. §§ 3-3301 through 3-3308, commonly called the Public Lawsuit Statute. This is an appeal from an interlocutory order in which the trial court denied a petition of the appellant which alleged that the appellees suit was a public lawsuit and requesting a hearing and order against the plaintiff to post bond pursuant to Burns Ind. Stat. Ann. § 3-3305. The court in denying this petition, in effect determined that the suit by appellee seeking judicial review of a declaratory resolution of a board of public works made pursuant to Acts 1955, ch. 190, being Burns Ind. Stat. Ann. §§ 48-8470 through 48-8482, commonly called the Off-street Parking Statute, was not a "public lawsuit" as defined in the Public Lawsuit Statute. We affirm this order of the trial court.

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