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CHRISTY v. BOARD OF COUNTY COM'RS OF PORTER COUNTY

No. 3-1272A91.

295 N.E.2d 849 (1973)

James CHRISTY, a Resident of Coolwood Acres, and All Others Similarly Situated, Appellants (Plaintiffs below), v. BOARD OF COUNTY COMMISSIONERS OF PORTER COUNTY ET AL., Appellees (Defendants below).

Court of Appeals of Indiana, Third District.

May 16, 1973.

Attorney(s) appearing for the Case

Ronald V. Aungst, Lyons, Aungst & Guastella, Valparaiso, for appellants.

William H. Wagner, Chester, Clifford, Hoeppner & Houran, Valparaiso, for appellees Barile and Bush.

Roger K. Claudon, Conover, Claudon & Billings, Valparaiso, for appellees Board of Commissioners and Martin Ericson.

STATON, Judge.

I.

STATEMENT ON THE APPEAL

A rezoning ordinance was adopted by the Board of County Commissioners, and James Christy filed his affidavit seeking judicial review of their legislative action. A motion to dismiss was filed pursuant to Rule TR. 12(b)(1), I.C. 1971, 34-5-1-1 and granted. Christy's motion to correct errors was filed and denied by the trial court. This denial of Christy's motion to correct errors presents this question for...

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