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METROPOLITAN DEVELOPMENT COM'N v. TROY REALTY, INC.

No. 371A48.

275 N.E.2d 845 (1971)

THE METROPOLITAN DEVELOPMENT COMMISSION OF MARION COUNTY, and the Department of Metropolitan Development of the City of Indianapolis by Its Division of Planning and Zoning, Appellants, v. TROY REALTY, Incorporated, Metropolitan Board of Zoning Appeals of Marion County, Division Three, Appellees.

Appellate Court of Indiana, Division No. 2.

December 9, 1971.

Attorney(s) appearing for the Case

Harold Kohlmeyer, Jr., Corp. Counsel, City-County Legal Division, David F. Rees, Asst. City Atty., Indianapolis, for appellants.

F. Robert Lively, Indianapolis, for appellees.

HOFFMAN, Chief Justice.

The only issue presented by this appeal is whether the finding of the trial court that the decision of the Metropolitan Board of Zoning Appeals of Marion County, Division 3, was supported by substantial evidence with respect to the five statutory prerequisites of IC 1971, 18-7-2-71, Ind. Ann. Stat. § 53-969 (Burns 1971 Supp.), is correct.

Viewed most favorably to appellees, the facts are as follows:

Troy Realty, Incorporated...

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