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BOARD OF ZONING APPEALS, CITY OF TIPTON v. HUNTER

No. 80A02-8803-CV-105.

533 N.E.2d 1266 (1989)

BOARD OF ZONING APPEALS, CITY of Tipton, Indiana, Appellant (Respondent below), v. Lee HUNTER, Appellee (Petitioner below).

Court of Appeals of Indiana, Second District.

February 9, 1989.

Attorney(s) appearing for the Case

Russell T. Clarke, Jr., Williams & Clarke, Indianapolis, D. Keith Kincaid, Pearce, Lett & Kincaid, Tipton, for appellant.

James W. Wilson, Bingham, Farrer & Wilson, Indianapolis, for appellees.

SHIELDS, Presiding Judge.

The Board of Zoning Appeals for the City of Tipton (BZA) appeals the Tipton Circuit Court's decision to reinstate a permanent mobile home permit issued to Lee Hunter (Hunter).

We reverse and remand with instructions to dismiss the proceeding.

Issue

The BZA raises six issues on appeal but one is determative: whether the trial court erred in denying the BZA's motion to dismiss Hunter's petition for writ of certiorari...

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