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BOARD OF ZONING APP. ETC. v. LA DOW ET AL.

No. 29,631.

238 Ind. 673 (1958)

153 N.E.2d 599

BOARD OF ZONING APPEALS OF CITY OF MISHAWAKA ET AL. v. LA DOW ET AL.

Supreme Court of Indiana.

Rehearing denied December 5, 1958.

Attorney(s) appearing for the Case

Leonard V. Campanale, of Mishawaka, for appellants.

Joseph A. Roper, Farabaugh, Chapleau & Roper, Arthur A. May and Crumpacker, May, Beamer, Levy & Searer, all of South Bend, for appellees.

LANDIS, J.

The City of Mishawaka, Indiana, had an amendatory ordinance forbidding, among other things, gasoline filling stations from commercial zones in such city.

Appellees are the owners of certain lots situated in a commercial zone of the City of Mishawaka upon which they desired to build a filling station. They filed application for a building permit to erect a filling station on such property, which was refused because of the prohibition of said ordinance...

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