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METROPOLITAN DEVELOPMENT COM'N v. I. CHING

No. 4-283A56.

460 N.E.2d 1236 (1984)

THE METROPOLITAN DEVELOPMENT COMMISSION OF MARION COUNTY, Appellant (Plaintiff below), v. I. CHING, Inc., Appellee (Defendant below).

Court of Appeals of Indiana, Fourth District.

March 28, 1984.

Attorney(s) appearing for the Case

Larry F. Whitham, Asst. Corp. Counsel, Indianapolis, for appellant.

William F. LeMond, LeMond, Carson, Yockey, Pehler & Caplin, Indianapolis, for appellee.

YOUNG, Judge.

The Metropolitan Development Commission of Marion County (the Commission) brought suit under Ind. Code 36-7-4-1015 (1982) to enjoin the defendant, I. Ching, Inc., from using its property in violation of the Marion County Dwelling District Zoning Ordinance. In its defense, I. Ching claimed that the zoning ordinance was unconstitutional as applied to its property. The trial court agreed and entered judgment in I. Ching's favor. The Commission appeals,...

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