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AILES v. DECATUR COUNTY AREA PLANNING COM'N

No. 583S171.

448 N.E.2d 1057 (1983)

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

Supreme Court of Indiana.

Rehearing Denied August 4, 1983.

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 Com'n and Decatur County Bd. of Zoning Appeals.

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

PIVARNIK, Justice.

This cause comes to us on a petition to transfer from the Fourth District Court of Appeals. Transfer is sought by Appellants in the Court of Appeals, who were Defendants in the trial court. Appeal was consolidated challenging the constitutionality of amortization provisions in the zoning ordinances of two different counties, both of which require the discontinuance of pre-existing lawful non-conforming uses of real estate upon the expiration of...

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