AILES v. DECATUR COUNTY AREA PLANNING COM'N

No. 1-381A98.

437 N.E.2d 1375 (1982)

Ralph D. AILES and Elizabeth J. Ailes, Appellants (Defendants below), v. DECATUR COUNTY AREA PLANNING COMMISSION AND DECATUR COUNTY BOARD OF ZONING APPEALS, Appellees (Plaintiffs below). and Melvin T. Rouse, Appellant (Defendant below), v. Ripley County Area Plan Commission, Appellee (Plaintiff below).

Court of Appeals of Indiana, Fourth District.

Rehearing Denied September 2, 1982.


Attorney(s) appearing for the Case

Jack R. Shields, Batesville, for appellants Ralph D. Ailes, Elizabeth J. Ailes and Melvin T. Rouse.

George R. Watts, Watts & Polanski, P.C., Greensburg, for appellees Decatur County Area Planning Commission and Decatur County Bd. of Zoning Appeals.

Stephen T. Taylor, Eaton & Taylor, Versailles, for appellee Ripley County Area Plan Com'n.


MILLER, Presiding Judge.

This is a consolidated appeal challenging the constitutionality of amortization provisions in the zoning ordinances of two different counties, both of which require the discontinuance of pre-existing lawful nonconforming uses of real estate upon the expiration of a specific number of years. After injunctions were issued against appellants (Ralph and Elizabeth Ailes and Rouse) enjoining them from operating junkyards at their residences, both...

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