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BUTLER TOYOTA v. METRO. BD. OF ZONING APP.

No. 4-385A57.

493 N.E.2d 169 (1986)

BUTLER TOYOTA, Inc., and Jonathan's Keepe by Charles Laughner, Jointly and Severally, Adjacent Landowners, and for All Others Similarly Situated, Plaintiffs-Appellants, v. THE METROPOLITAN BOARD OF ZONING APPEALS, Division I, Marion County, Indiana, and Dellen Realty, Inc., Defendants-Appellees.

Court of Appeals of Indiana, Third District.

Publication Ordered May 21, 1986.

Attorney(s) appearing for the Case

Ted B. Lewis, Lewis, Kappes, Fuller & Eads, Indianapolis, Ind., for plaintiffs-appellants.

Stephen D. Mears, Mears, Crawford, Kennedy & Eichholtz, Indianapolis, for defendant-appellee Dellen Realty, Inc.

HOFFMAN, Judge.

Appellants Butler Toyota, Inc., and Jonathan's Keepe (collectively Butler) appeal the dismissal of a petition for a writ of certiorari. The petition was filed when appellee Dellen Realty Inc., (Dellen) was allowed to redocket a variance request with the Board of Zoning Appeals (Board) within one year of an adverse decision on the same variance request.

The facts relevant to this appeal disclose that Butler opposed the redocketing of a variance...

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