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ELMORE v. CITY OF SULLIVAN

No. 1-178A14.

380 N.E.2d 108 (1978)

Morris J. ELMORE, Darhis Elmore, John Graham and Mary Graham, Plaintiffs-Appellants, v. CITY OF SULLIVAN, William Donelly As Mayor, Freda Hoffner As Sullivan City Clerk Treasurer, Paul Taylor As Planning and Zoning Commissioner of the Board of Zoning Appeals of the City of Sullivan, Indiana, Harold Gambill As Member of the Board of Zoning Appeals, Gary Inbody As Member, Yvonne Longfield As Member, Rex Pierce As Member, and James Vance As Member, Westside Realty, Inc., and Lastly Burger Chef, Inc., Defendants-Appellees.

Court of Appeals of Indiana, First District.

Rehearing Denied October 11, 1978.

Attorney(s) appearing for the Case

Kenneth E. Levin, C. Joseph Anderson, Terre Haute, for plaintiffs-appellants.

Robert G. Lowry, Sullivan, for defendants-appellees.

ROBERTSON, Judge.

Plaintiffs-appellants, Morris J. Elmore, Darhis Elmore, John Graham and Mary Graham (hereinafter Elmores) bring this appeal from the dismissal of their action for declaratory judgment by the Sullivan Circuit Court. At issue is whether that court lacked jurisdiction to entertain the action.

We affirm.

Although somewhat obfuscated, the facts, as we discern them, are as follows. Westside Realty, Inc. owned a parcel of unimproved real...

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