Hi-Land Apartments, Inc. v. City Of Hillsboro

642 N.E.2d 421 (1994)

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Nature of the Case

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Facts

The court below found that Hillsboro (D) was responsible for $4,072.15 voluntarily expended by Hi-Land Apartments, Inc., (P) for stone and surfacing material used on the alley known as 'North Glenn Street' in the city of Hillsboro. The court also found that D was responsible for $3,280.86 voluntarily expended by Ps for snow removal, grading, gravel surfacing, and pothole repair in the alley. The trial court found D accepted 'North Glenn Street' as an alley and thereby assumed the duty of maintaining it as an alley. The trial court further found that because D failed to maintain the alley in a reasonable manner, P should be reimbursed for their efforts to maintain the alley in a reasonable manner. D appealed.