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MONTGOMERY ETC. v. BOARD OF ZONING APPEALS

No. 30,267.

244 Ind. 117 (1963)

191 N.E.2d 317

MONTGOMERY, ETC. v. BOARD OF ZONING APPEALS OF LAKE COUNTY ET AL.

Supreme Court of Indiana.

Filed June 21, 1963.

Attorney(s) appearing for the Case

Allen P. Twyman, of East Chicago, for appellants.

William M. Demmon, of Hobart and Mario B. Tomsich, of Gary, for appellees.

ACHOR, J.

This case is before this court on transfer from the Appellate Court under § 4-209, Burns' 1946 Repl., the Appellate Court having been equally divided on the question as to whether, in the absence of the entry of a formal judgment herein (1) the case should be referred back to the trial court under Rule 2-3 of this court, for the purpose of entering a formal judgment based upon the trial court's decision, or

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