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SUESS v. VOGELGESANG

No. 671A119.

281 N.E.2d 536 (1972)

Robert SUESS et al., Defendants-Appellants, v. E. Ross VOGELGESANG, As Executive Director of the Metropolitan Planning Department of Marion County, Indiana, et al., Plaintiffs-Appellees.

Court of Appeals of Indiana, Second District.

Rehearing Denied May 22, 1972.

Attorney(s) appearing for the Case

Ronald S. Lieber, Eugene W. Lausch, Lieber & Neff, Indianapolis, for defendants-appellants.

Nola A. Allen, John H. Baldwin, Indianapolis, for plaintiffs-appellees.

SULLIVAN, Judge.

The Metropolitan Board of Zoning Appeals of Marion County, Indiana granted a "Use" variance to appellants (Suesses) sought for the purpose of utilizing residential premises as a physician's office. Certain remonstrators and the Metropolitan Planning Department (appellees herein) opposed such variance. It should be noted that the Planning Department based their opposition not upon violation of the Master Plan but rather upon the fact that Suess, a...

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