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CARPENTER v. WHITLEY CTY. PLAN COM'N

No. 3-375A46.

367 N.E.2d 1156 (1977)

Richard E. CARPENTER et al., Plaintiffs-Appellants, v. WHITLEY COUNTY PLAN COMMISSION, Walter Lehner, Whitley County Zoning Administrator, Richard J. & Jean Schaller, Real Estate Resources, Inc., Defendants-Appellees.

Court of Appeals of Indiana, Third District.

October 6, 1977.

Attorney(s) appearing for the Case

William D. Swift, Robert H. Carpenter, Higgins & Swift, Fort Wayne, for plaintiffs-appellants.

John W. Whiteleather, Jr., Whiteleather & Whiteleather, James R. Fleck, Bloom, Bloom & Fleck, Columbia City, for defendants-appellees.

GARRARD, Judge.

This is an appeal from an order of the Whitley Circuit Court affirming on writ of certiorari the approval of a subdivision plat by the Whitley County Plan Commission (Commission).

Richard J. Schaller, Jean L. Schaller and Real Estate Resources, Inc. (Applicants) filed with the Commission an application for the approval of a preliminary plat for a proposed subdivision named Cherokee Heights. On March 21, 1973, the Commission, which consisted...

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