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WILSON v. BROWN

No. 2-783A249.

464 N.E.2d 1332 (1984)

Honorable Alan K. WILSON, Mayor of the City of Muncie, Indiana, et al., Appellants (Defendants below), v. Theodore BROWN and Helen L. Brown, Appellees (Plaintiffs below), v. Delaware-Muncie Metropolitan Plan Commission, Appellee (Defendant below).

Court of Appeals of Indiana, Third District.

Transfer Denied October 22, 1984.

Attorney(s) appearing for the Case

Jack Quirk, Corp. Counsel, City of Muncie, Muncie, for appellants.

Ronald E. McShurley, Dunnuck, Wyrick & McShurley, Muncie, for appellees Theodore and Helen Brown.

John M. Feick, Cross, Marshall, Schuck, DeWeese & Cross, P.C., Muncie, for appellee Delaware-Muncie Metropolitan Plan Com'n.

HOFFMAN, Judge.

OPINION ON PETITION FOR REHEARING

The Court decided the original appeal of this matter in a published opinion issued on April 19, 1984, 461 N.E.2d 1162. Appellees Theodore and Helen Brown filed a petition for rehearing on May 8, 1984. The thrust of this petition is directed at refuting certain statutory provisions relied upon by the Court in reaching its decision.

Specifically, the Browns attack...

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