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Appellate panel travels to Hammond

March 4, 2009

Indiana Court of Appeal Judges Michael Barnes, Patricia Riley, and Margret Robb travel to Hammond Thursday to hear arguments in a case involving the erection of a cell phone tower on town property.

Arguments begin at 1 p.m. CST at the Hammond City Hall, Council Chambers in Bruce Scalambrino, et al. v. Town of Michiana Shores, et al., No. 46A03-0807-CV-342.

Bruce Scalambrino and other plaintiffs filed suit against Michiana Shores, several individual defendants, and T-Mobile regarding a lease between the town and T-Mobile to build a cell phone tower on town property. The plaintiffs sought a temporary restraining order, preliminary injunction, declaratory judgment, and a permanent injunction against the lease. The trial court granted summary judgment in favor of the defendants.

The plaintiffs appealed, arguing there are genuine issues of material fact regarding whether the lease violates town zoning ordinances, if amendments to the zoning ordinances were properly adopted, and if the amendments constitute illegal spot zoning.

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