SELLS v. METRO. PLAN COMM. OF MAR. CO. ET AL.

No. 30,901.

248 Ind. 92 (1967)

223 N.E.2d 349

SELLS v. METROPOLITAN PLAN COMMISSION OF MARION COUNTY ET AL.

Supreme Court of Indiana.

Filed February 8, 1967.


Attorney(s) appearing for the Case

Bamberger & Feibleman, of Indianapolis, for appellant.

Michael B. Reddington, Corporation Counsel, City of Indianapolis, for appellees, John J. Barton, Mayor of City of Indianapolis and Members of Board of Zoning Appeals of City of Indianapolis.

John J. Dillon, Attorney General, Charles S. White, Chief Counsel for Attorney General, and John T. Carmody, Deputy Attorney General, for appellee, John J. Dillon, Attorney General of the State of Indiana.


MYERS, J.

This is an appeal from a judgment of the Superior Court of Marion County, Room 6, denying appellant's petition for a temporary injunction against appellees. Appellant's complaint was put in issue without formal pleadings, but upon oral argument by appellees. There were no assertions of facts contradicted by evidence of appellant. The only material issue presented here is a matter of law concerning the constitutionality...

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