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CUNNINGHAM v. HILES

No. 3-977A234.

402 N.E.2d 17 (1980)

James D. CUNNINGHAM, Fred M. Lutgen, Jr. and Ross Haller, Appellants (Plaintiffs), v. Doug HILES, al Gomez, Jr., Arthur C. and Sarah Clouser, Town of Schererville Plan Commission and Town of Schererville, Indiana, a Municipal Corporation, Appellees (Defendants).

Court of Appeals of Indiana, Third District.

Rehearing Denied May 8, 1980.

Attorney(s) appearing for the Case

William J. Muha, Daniel G. Hoebeke, Zandstra, Zandstra & Muha, Highland, for appellants.

Kenneth D. Reed, Abrahamson, Reed & Tanasijevich, Hammond, for Doug Hiles, Al Gomez, Jr., Arthur C. Clouser and Sarah Clouser.

Gilbert F. Blackmun, Leonard M. Holajter, Friedrich, Bomberger, Tweedle & Blackmun, Highland, for Town of Schererville Plan Commission and Town of Schererville, Indiana.

ON PETITION FOR REHEARING

STATON, Judge.

Appellee Hiles has requested in his Petition for Rehearing that this Court "vacate and set aside" its disposition of Cunningham's appeal on the basis that a material change in circumstances has rendered the appeal moot. Our opinion, which appears at Cunningham v. Hiles (1979), Ind. App., 395 N.E.2d 851, is concluded with the directive that the Lake County Circuit Court grant...

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