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MISHLER v. ELKHART COUNTY

No. 50A03-8706-CV-164.

521 N.E.2d 693 (1988)

Lonnie MISHLER, et al. Appellants (Plaintiffs below), v. THE COUNTY OF ELKHART, et al. Appellees (Defendants below).

Court of Appeals of Indiana, Third District.

On Rehearing June 16, 1988.

Attorney(s) appearing for the Case

David T. Stutsman, Lawrence J. Clifford, South Bend, for appellants.

Richard W. Paulen, Brian J. Clark, Church, Nilsson & Paulen, Elkhart, for appellees.

STATON, Judge.

Lonnie Mishler and other landowners (collectively referred to as Landowners) appeal from a summary judgment denying them a collateral attack on a judgment ordering the Elkhart Board of County Commissioners (Commissioners) to rezone property owned by Dallas Woodward, Jr. This appeal raises four issues which we have consolidated and restated as:

1) Whether the trial court erroneously entered summary judgment prohibiting Landowners' collateral...

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