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CITY OF BEECH GROVE v. SCHMITH

No. 2-673A141.

329 N.E.2d 605 (1975)

CITY OF BEECH GROVE and Robert R. Fletcher, Building Commissioner of City of Beech Grove, Appellant (Third-Party Defendant below), v. Paul SCHMITH, Appellee (Defendant-Third-Party Plaintiff below), and State of Indiana ex rel. Ralph C. Singer, Director of Public Health, and the Health & Hospital Corporation of Marion County, Indiana, a Municipal Corporation, Appellee (Plaintiff below), and Metropolitan Development Commission of Marion County, Division of Planning and Zoning, Appellee (Third-Party Defendant below).

Court of Appeals of Indiana, Second District.

June 19, 1975.

Attorney(s) appearing for the Case

Richard L. Brown and Howard M. Dodd, Butler, Brown & Hahn, Indianapolis, for appellant.

Henry M. Coombs and Burnett Caudill, Coombs, Lively & Bogard, Indianapolis, for appellee Paul Schmith.

Jay M. Brodey, Harrison, Moberly & Gaston, Indianapolis, for appellee State of Indiana ex rel Ralph C. Singer, etc.

Frank Case, Indianapolis, for appellee Metropolitan Development Comm. of Marion County.

BUCHANAN, Judge.

CASE SUMMARY

Defendants-Appellants City of Beech Grove and Robert R. Fletcher, Building Commissioner of the City of Beech Grove (Beech Grove), appeal from an adverse judgment recognizing the existence of a valid nonconforming apartment use exempt from zoning requirements of certain real estate owned by Defendant-Appellee Paul Schmith (Schmith), and that Schmith's proposed renovations would not violate the established nonconforming use.<...

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