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METRO. DEVELOPMENT COM'N v. VILLAGES, INC.

No. 2-783A256.

464 N.E.2d 367 (1984)

THE METROPOLITAN DEVELOPMENT COMMISSION OF MARION COUNTY, Appellant (Plaintiff below), v. The VILLAGES, INC., Appellee (Defendant below).

Court of Appeals of Indiana, Third District.

Rehearing Denied July 17, 1984.

Attorney(s) appearing for the Case

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

Curtis S. Travis, Hendrickson, Travis, Pantzer & Miller, Indianapolis, for amicus curiae.

Wilson S. Stober, Norman G. Tabler, Jr., Harry F. McNaught, Jr., Baker & Daniels, Indianapolis, for appellee.

HOFFMAN, Judge.

The Metropolitan Development Commission of Marion County filed suit against The Villages, Inc., to enforce its zoning ordinance and enjoin use of a single-family residence as a "foster care facility." The trial court denied the Commission's application for preliminary injunction and granted The Villages' request for judgment on the merits. The Commission appeals that decision.

On January 10, 1983, The Villages purchased a single-family residence...

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