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BOARD OF ZON. APP., CITY OF FT. WAYNE v. SHELL OIL

No. 3-1173A144.

329 N.E.2d 636 (1975)

BOARD OF ZONING APPEALS OF THE CITY OF FORT WAYNE, Defendant-Appellant, v. SHELL OIL Co. and Sharberg Realty Corp., Plaintiffs-Appellees.

Court of Appeals of Indiana, Third District.

Rehearing Denied August 7, 1975.

Attorney(s) appearing for the Case

David B. Keller, Ralph R. Blume, Fort Wayne, for appellant.

David Peters, Peters, Peebles & Terrill, Fort Wayne, for appellees.

HOFFMAN, Judge.

On March 10, 1972, Shell Oil Company (Shell) executed a conditional lease and option agreement with Sharberg Realty Corporation (Sharberg), under which Shell was to be allowed to construct a combination service station and tunnel car wash upon certain real estate owned by Sharberg in the City of Fort Wayne, Indiana. On the same date, Shell applied to the Building Commissioner of the City of Fort Wayne in...

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