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BOARD OF ZONING APPEALS v. GUIFF

No. 02A03-8909-CV-388.

552 N.E.2d 519 (1990)

The Allen County, Indiana BOARD OF ZONING APPEALS, Marcus Brewer, Appellants (Respondents below), v. Marsha L. GUIFF, Gerald L. Guiff, and Various Other Property Owners in Section 7, Township 32 N., Range 11 East Allen County, Indiana (Eel River Township) Appellees (Petitioners below).

Court of Appeals of Indiana, Third District.

April 11, 1990.

Attorney(s) appearing for the Case

George Martin, Fort Wayne, for Marcus Brewer.

James A. Federoff, Fort Wayne, for Allen County Indiana Bd. of Zoning Appeals.

Daniel J. Borgmann, Helmke, Beams, Boyer & Wagner, Fort Wayne, for appellees.

STATON, Judge.

Marcus Brewer filed a petition with the Allen County Board of Zoning Appeals to establish a contingent use — a private airport. After the petition was granted, Marsha L. Guiff and Gerald L. Guiff petitioned the Allen Circuit Court for a judicial review of the Board's decision to grant Brewer's petition. Later, the Allen Circuit Court granted the Guiffs' motion for summary judgment.

Brewer and the Board are bringing this appeal which presents...

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