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McARDLE v. BOARD OF ZONING APPEALS, ETC.

No. 19,391.

131 Ind. App. 5 (1960)

167 N.E.2d 608

McARDLE ET AL. v. BOARD OF ZONING APPEALS OF THE CITY OF FORT WAYNE

Court of Appeals of Indiana.

Rehearing denied September 6, 1960.

Attorney(s) appearing for the Case

Tourkow, Dennis & Danehy, Flanagan & McCain and Jack D. Danehy, all of Fort Wayne, for appellants.

Jerome J. O'Dowd, City Attorney, Giles J. Pierre, Assistant City Attorney, and Donald F. Strutz, all of Fort Wayne, for appellee.

Shoaff, Keegan & Baird, of Fort Wayne, for Fort Wayne Bible College, appellee-intervenor.

MYERS, J.

This is an appeal from a judgment of the Allen Circuit Court wherein it decreed that a decision of the Board of Zoning Appeals of the City of Fort Wayne was not illegal, and quashed, vacated and set aside a writ of certiorari previously issued upon petition of appellants.

It appears that on or about October 6, 1958, Fort Wayne Bible College filed its petition with the Board of Zoning Appeals of the City of Fort Wayne for a Contingent Use Permit under...

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