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CLARK COUNTY BOARD OF COUNTY COM'RS v. KING

No. 1-373A51.

310 N.E.2d 560 (1974)

CLARK COUNTY BOARD OF COUNTY COMMISSIONERS, Appellant (Defendant below), v. George T. KING et al., Appellees (Plaintiffs below), Clark County Plan Commission et al., and Clark County Board of Zoning Appeals, Appellees (Defendants below).

Court of Appeals of Indiana, First District.

May 8, 1974.

Attorney(s) appearing for the Case

Samuel A. Bradshaw, Charlestown, for appellant.

Robert H. Kempf, Jr., Robert L. Schnatter, Jeffersonville, for appellees, George T. King, Edith R. King and Liter's Quarry, Inc.

Samuel K. Gwin, Jeffersonville, for appellees, Clark County Plan Commission, and Clark County Board of Zoning Appeals.

LYBROOK, Judge.

Defendant-appellant Clark County Board of Commissioners appeals from the judgment of the trial court declaring the right of plaintiffs-appellees George T. King, et al., to quarry limestone on certain real estate without obtaining a permit from defendants.

The issues presented for review are:

1. Whether the trial court erred in concluding that the Plan Commission, Board of County Commissioners, and Board of Zoning Appeals lacked jurisdiction...

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