VOGELGESANG v. METRO. BD. OF ZON. APP., D. NO. 1

No. 1271A271.

300 N.E.2d 101 (1973)

F. Ross VOGELGESANG, Administrator of the Division of Planning and Zoning, et al., Appellants, v. THE METROPOLITAN BOARD OF ZONING APPEALS, Division No. 1, et al., Appellees.

Court of Appeals of Indiana, Second District.

Rehearing Denied September 18, 1973.


Attorney(s) appearing for the Case

Nelson G. Grills, Gary R. Landau, Corp. Counsel, Arthur H. Northrup, Deputy Corp. Counsel, Indianapolis, for appellants.

John Moss and Mercer Mance, Indianapolis, for appellees.


WHITE, Judge.

This case is a sequel to O'Banion v. State ex rel. Shively (1969), 146 Ind.App. 223, 253 N.E.2d 739, 20 Ind.Dec. 21, in which the Appellate Court affirmed a judgment enjoining operation of a liquor store at the northwest corner of the intersection of Clifton Street and West Thirty-Fourth Street in the city of Indianapolis. The injunction had been issued because (among other reasons...

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