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SIMON v. CITY OF AUBURN, BD. OF ZONING APPEALS

No. 17A03-8703-CV-69.

519 N.E.2d 205 (1988)

Robert SIMON and Russell Kruse, Appellants (Plaintiffs below), v. CITY OF AUBURN, Indiana, Board of Zoning Appeals; Russell Tague, Member, Donald Aiken, Member, Ruth Ann Buttermore, Member, Douglas J. Atz, Board Attorney: and City of Auburn, Indiana, and Cedar Glen Joint Venture Appellees (Defendants below).

Court of Appeals of Indiana, Third District.

February 17, 1988.

Attorney(s) appearing for the Case

Paul R. Cherry, Kruse, Kruse & Cherry, Auburn, for appellants.

Douglas J. Atz, Finley & Atz, Kendallville, for appellees City of Auburn, Ind., Board of Zoning Appeals, Russell Tague, Donald Aiken, Ruth Ann Buttermore, Members, Douglas J. Atz, Bd. Atty., and City of Auburn, Ind.

N. Reed Silliman, Lisa T. Hamilton, Baker & Daniels & Shoaff, Fort Wayne, for appellees Cedar Glen Joint Venture.

STATON, Judge.

Plaintiffs Russell Kruse and Robert Simon raise the following issues on appeal:

1. Whether the Indiana Open Door Law1 precludes a public agency from seeking legal advice from its attorney in private about matters which are not litigation-related. 2. Whether, under IC 36-1-5-42 a city's general zoning ordinance is legally valid when it purports to incorporate by reference a...

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