METROPOLITAN DEVELOPMENT COM'N, ETC. v. MULLIN

No. 2-577A213.

399 N.E.2d 751 (1979)

THE METROPOLITAN DEVELOPMENT COMMISSION OF MARION COUNTY, Appellant (Plaintiff below), v. Robert T. MULLIN and Robert T. Mullin d/b/a Robert T. Mullin Agency, Appellee (Defendant below).

Court of Appeals of Indiana, Second District.

October 15, 1979.


Attorney(s) appearing for the Case

Larry F. Whitham and Fred L. Jones, Asst. Corporation Counsels, Indianapolis, for appellant (plaintiff below).

Carl J. Meyer and Robert L. Hartley, Jr., Bredell, Martin, McTurnan & Meyer Indianapolis, for appellee (defendant below).


YOUNG, Judge.

MEMORANDUM DECISION

The Metropolitan Development Commission (Commission) brought this action to enjoin the alleged violation of a zoning ordinance. The trial court denied relief. We reverse.

The Commission alleged that Robert T. Mullin, et al. (Mullin) owned a house at 631 East 86th Street in Indianapolis. The use of the house is subject to a certain D-3 zoning ordinance. This classification basically requires that the property be used...

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