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STATE EX REL. MAR. C. PL. COMM. v. MAR. S.C. ET AL.

No. 29,433.

235 Ind. 607 (1956)

135 N.E.2d 516

STATE OF INDIANA ON RELATION OF MARION COUNTY PLAN COMMISSION v. SUPERIOR COURT OF MARION COUNTY, ROOM 5, CLARK, JUDGE.

Supreme Court of Indiana.

Rehearing denied August 10, 1956.

Attorney(s) appearing for the Case

Robert S. Smith, James V. Donadio, R. Stanley Lawton, of Indianapolis, and Ross, McCord, Ice & Miller, Baker & Daniels, of Indianapolis, of counsel, for relator.

Kothe & Shotwell, of Indianapolis, for respondents.

Grier M. Shotwell and Kothe & Shotwell, of Indianapolis, of counsel, as amicus curiae.

EMMERT, J.

The controversy here concerns the rezoning of fifty-five (55) acres from rural residence use to industrial use in Marion County, and rezoning for railroad use a fifty (50) foot strip of land in the same section which extended for a length of approximately 3,200 feet.

On February 16, 1956, after due notice, the relator held a hearing on the proposed rezoning, and decided to recommend to the Board of Commissioners of Marion County the rezoning of...

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