COMMON COUNCIL OF THE CITY OF FORT WAYNE v. FORT WAYNE PLAN COM'N

No. 3-282A21.

443 N.E.2d 843 (1982)

COMMON COUNCIL OF THE CITY OF FORT WAYNE, Indiana, Plaintiff-Appellant, v. FORT WAYNE PLAN COMMISSION, Defendant-Appellee.

Court of Appeals of Indiana, Third District.

Rehearing Denied January 21, 1983.


Attorney(s) appearing for the Case

Ralph R. Blume, Blume, Wyneken, Bullman & Connelly, Fort Wayne, for plaintiff-appellant.

George Martin, Associate City Atty., Fort Wayne, for defendant-appellee.


GARRARD, Judge.

The City Common Council appeals from a judgment wherein a tract of real estate was held to be rezoned by action of the Plan Commission.

The owner of real estate located at the intersection of Highways 14 and 24 in Fort Wayne sought a zoning classification that would have permitted the development of a shopping center on the property. In 1977 the Plan Commission voted to grant a permit to allow construction of the shopping center. Neighborhood...

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