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PENN ET AL. v. METRO. PLAN COMM., ETC., ET AL.

No. 20,397.

141 Ind. App. 387 (1967)

228 N.E.2d 25

PENN ET AL. v. METROPOLITAN PLAN COMMISSION OF MARION COUNTY, INDIANA, ET AL.

Court of Appeals of Indiana.

Filed July 20, 1967.

Attorney(s) appearing for the Case

John H. Baldwin, of Indianapolis, for appellants.

Lester Irons and Robert L. McLaughlin, for appellee, Shell Oil Company, and William B. Patrick and Joseph A. Ransel, for appellee, Metropolitan Plan Commission, and Henry M. Coombs for appellees, Catherine Carr and James Murdock, all of Indianapolis.

No petition for rehearing filed.

PFAFF, C.J.

This action originated when appellees filed a petition to rezone a one acre tract of land from an R-3 district into a B-4 district to provide for the construction and operation of a gasoline service station.

The Metropolitan Plan Commission approved the application for rezoning and submitted it to the Marion County Council. The Marion County Council then ordered that Ordinance No. 8-1957 be amended in the...

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