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FAIL v. LaPORTE CTY. BOARD OF ZONING APPEALS

No. 3-574A79.

355 N.E.2d 455 (1976)

Glenn FAIL et al., Plaintiffs-Appellants, v. LAPORTE COUNTY BOARD OF ZONING APPEALS ET AL., Defendants-Appellees.

Court of Appeals of Indiana, Third District.

Rehearing Denied December 2, 1976.

Attorney(s) appearing for the Case

John W. Newby, Edward L. Volk, Newby, Lewis, Kaminski & Jones, La Porte, for plaintiffs-appellants.

Frank J. Lanigan, Donald E. Baugher, Osborn, Lanigan & Osborn, Arthur L. Roule, Sr., Roule & Raelson, La Porte, for defendants-appellees.

GARRARD, Judge.

This appeal challenges a circuit court decision upholding a county zoning board's grant of a variance and special exception which were necessary for the Smalls to be able to operate a sanitary landfill in compliance with a zoning ordinance. We affirm.

The record disclosed that Smalls had contracted to purchase a 288 acre tract from the Estate of Everett Fail, deceased. They petitioned for the variance and special exception to enable them to...

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