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METROPOLITAN BD. OF ZONING APPEALS v. GUNN

No. 2-583A157.

477 N.E.2d 289 (1985)

THE METROPOLITAN BOARD OF ZONING APPEALS, Division II, Marion County, Indiana, Consisting of: Robert Hayes, Chairman, Fred Imhausen, Member, Mrs. Hank Chafee, Member, John Fuller, Member, Michael D. McGinley, Member, Loren Richard Hudson, Mary Ann Hudson, and Noble Centers, Operated by Marion County Association for Retarded Citizens, Appellants (Respondents below), v. Barbara GUNN, Appellee (Petitioner below).

Court of Appeals of Indiana, Fourth District.

April 23, 1985.

Attorney(s) appearing for the Case

David F. Rees, City-County Legal Div., Ben J. Weaver, Thomas N. Olvey, Johnson & Weaver, Indianapolis, for appellants.

Ted B. Lewis, Donn H. Wray, Christine F. Royce, Stewart Irwin Gilliom Fuller & Meyer, Indianapolis, for appellee.

MILLER, Presiding Judge.

Barbara Gunn petitioned for writ of certiorari from an order issued by the Metropolitan Board of Zoning Appeals (Board), granting a special exception for the establishment of a group home for developmentally disabled adults next-door to Gunn's home. The trial court reversed the Board's order after having concluded the Board had improperly circumvented the requirement for prior approval by the Meridian Street Preservation Commission, its findings...

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