RYAN HOMES, INC. v. TOWN OF CUMBERLAND, INDIANA

No. 83-2446.

742 F.2d 1115 (1984)

RYAN HOMES, INC., Plaintiff-Appellee, v. TOWN OF CUMBERLAND, INDIANA, et al., Defendants-Appellants, City of Indianapolis, Indiana, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 11, 1984.


Attorney(s) appearing for the Case

Nelson G. Grills, Collins, Grills & Suess, Indianapolis, Ind., for defendants-appellants.

Mark Dall, City County Legal Div., John Wood, Bamberger & Feibleman, Indianapolis, Ind., for defendants-appellees.

Before BAUER and FLAUM, Circuit Judges, and WYATT, Senior District Judge.


FLAUM, Circuit Judge.

The district court in this case held that Indiana law prohibited the town of Cumberland, Indiana, from enforcing its building code and collecting building permit fees. For the reasons stated below, we affirm.

I.

In 1969, the Indiana legislature reorganized local government within Marion County, Indiana. Under the statute, commonly known as Uni-Gov, the city of Indianapolis became a "consolidated city" whose territory encompassed...

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