PORTER COUNTY BD. OF ZON. APP. v. BOLDE

No. 64A03-8803-CV-68.

530 N.E.2d 1212 (1988)

PORTER COUNTY BOARD OF ZONING APPEALS, Jesse D. Russell and Juanita J. Russell, Appellants (Respondents below), v. Gerald J. BOLDE, Appellee (Petitioner below).

Court of Appeals of Indiana, Third District.

On Rehearing February 6, 1989.


Attorney(s) appearing for the Case

Brian J. Hurley, Douglas, Douglas & Douglas, Valparaiso, for appellants.

Barbara A. Young, Katharine E. Gerken, Hoeppner, Wagner & Evans, Valparaiso, for appellee.


STATON, Judge.

The Porter County Board of Zoning Appeals (Board) appeals the judgment of the trial court reversing the Board's grant of a special exception. This appeal raises two issues, which we restate and renumber as:

1. Whether the application for a special exception is barred by administrative res judicata. 2. Whether the trial court's findings of fact and conclusions of law are contrary to law.

We reverse and remand with instructions...

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