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  5. 317 N.E.2d 193 (1974)
 

BOWEN v. METROPOLITAN BD. OF ZON. APP. IN MARION CTY.

No. 2-1272A132.

317 N.E.2d 193 (1974)

William C. BOWEN et al., Appellants, v. METROPOLITAN BOARD OF ZONING APPEALS IN MARION COUNTY, Division III, Consisting of Tom Swift, Acting Chairman, et al., Appellees.

Court of Appeals of Indiana, Second District.

Rehearing Denied November 4, 1974.

Attorney(s) appearing for the Case

Ted B. Lewis, Terence L. Eads, Stewart Irwin, Gilliom, Fuller & Meyer, Indianapolis, for appellants.

David F. Rees, James A. Buck, Buck, Berry, Landau & Breunig, Indianapolis, for appellees.

WHITE, Judge.

The Board of Zoning Appeals (Board) granted a variance of use to appellee Burger Chef Systems, Inc. (Lessee) over the objection of appellants (Lessors) Bowen, Bowen, Eusey, and "certain minors", who are heirs of Cornelius M. Bowen, deceased, who ten years earlier had demised the land to Lessee for a term of ninety-nine years. Lessors' objection was that their consent as "owners" was necessary to give the Board jurisdiction to hear and determine the petition...

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