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BOARD OF ZONING APPEALS v. BETA TAU HOUSING

No. 4-1185A318.

499 N.E.2d 780 (1986)

BOARD OF ZONING APPEALS, City of Valparaiso, Indiana, Appellant (Plaintiff below), v. BETA TAU HOUSING Corporation, Appellee (Defendant below).

Court of Appeals of Indiana, Fourth District.

November 10, 1986.

Attorney(s) appearing for the Case

Lily M. Schaefer, Valparaiso, for appellant.

William H. Wagner, John E. Hughes, Katharine E. Gerken, Valparaiso, for appellee.

YOUNG, Judge.

The Board of Zoning Appeals of the City of Valparaiso appeals a negative judgment in an action to enjoin Beta Tau Housing Corporation from operating a fraternity house. The board claims the trial court erred in:

1) overruling the board's motion to strike Beta Tau's affirmative defenses and admitting evidence on such affirmative defenses; 2) finding the board was barred by laches and estoppel from enforcing the zoning ordinance against...

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