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DOWNING ET AL. v. BD. OF ZON. APP.

No. 171A5.

149 Ind. App. 687 (1971)

274 N.E.2d 542

CARL F. DOWNING ET AL. v. BOARD OF ZONING APPEALS OF WHITLEY COUNTY ET AL.

Court of Appeals of Indiana.

Filed November 8, 1971.

Attorney(s) appearing for the Case

William D. Swift, Higgins & Swift, of Fort Wayne, for appellants.

John W. Whiteleather, Jr., Whiteleather & Whiteleather, of Columbia City, for appellees.

BUCHANAN, J.

STATEMENT OF THE CASE AND FACTS — This is an appeal from the Whitley County Circuit Court which upheld a decision of the Board of Zoning Appeals of Whitley County granting a preliminary approval of an application for a special exception.

Defendants-appellees, Norman and Priscilla Smith, were the owners of approximately 34.3 acres of land lying north of U.S. Highway 30 in Whitley County, Indiana...

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