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BUTLER TOYOTA, INC. v. METRO. BD. OF ZONING APPEALS

No. 49S04-8702-CV-230.

504 N.E.2d 271 (1987)

BUTLER TOYOTA, Inc., and Jonathan's Keepe by Charles Laughner, Jointly and Severally, Adjacent Land Owners, and for All Others Similarly Situated, Appellants, v. THE METROPOLITAN BOARD OF ZONING APPEALS, Division I, Consisting of: Thomas Hunter, Chairman, Michael Fox, Member, Rev. Charles Montgomery, Member, Randall Jehs, Member, Joanna Walter, Member, Dellen Realty, Inc., Appellees.

Supreme Court of Indiana.

February 23, 1987.

Attorney(s) appearing for the Case

Ted B. Lewis, Jennifer L. Graham, Lewis Kappes Fuller & Eads, Indianapolis, for appellants.

Stephen D. Mears, Mears Crawford Kennedy & Eichholtz, Indianapolis, for appellees.

ON PETITION TO TRANSFER

PIVARNIK, Justice.

This cause comes to us on a petition to transfer from the Third District Court of Appeals. Petition is brought by Plaintiffs-Appellants Butler Toyota, Inc., and Jonathan's Keepe, by Charles Laughner, jointly and severally, adjacent land owners, and for all others similarly situated. The fact situation from which this cause arose is brief and not in dispute. Dellen Realty, Inc., applied to the Board of Zoning Appeals...

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