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DOSMANN v. AREA PLAN COM'N OF ST. JOSEPH COUNTY

No. 3-773A79.

312 N.E.2d 880 (1974)

Joseph B. DOSMANN et al., Defendants-Appellants, v. AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, Indiana, Defendant-Appellee, Midwest Turnkey Builders, Inc., Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

Rehearing Denied August 7, 1974.

Attorney(s) appearing for the Case

F. Gerard Feeney, James E. Burke, Feeney & Stratigos, South Bend, for appellant.

Robert L. Miller, South Bend, for appellee Midwest Turnkey Builders, Inc.

David B. Weisman, South Bend, for appellee Area Plan Commission.

HOFFMAN, Chief Judge.

The instant appeal arises from a declaratory judgment action brought by plaintiff-appellee Midwest Turnkey Builders, Inc. (Builder). Defendants-appellants Joseph B. Dosmann and others (Intervenors), property owners in an area adjacent to a proposed subdivison plat, remonstrated against the plat before the defendant-appellee Area Plan Commission of St. Joseph County (Commission), and sought and were...

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