RHOADS v. CARMEL BD. OF ZONING APPEALS

No. 29A02-8905-CV-00206.

562 N.E.2d 752 (1990)

Carol RHOADS, Greg Binder, Individually and On Behalf of All Others Similarly Situated, Appellants, (Petitioners below), v. CARMEL BOARD OF ZONING APPEALS, Consisting of: Gilbert Kett — Chairman, Ila Badger, Jeff Davis, Tom Irvin, and Harold J. Thompson, James J. Nelson, Frederick Kellams, Gary Carpenter, Richard Rimbush, Daniel Murphy, and Michael J. Browning, Appellees, (Defendants below).

Court of Appeals of Indiana, Second District.

November 19, 1990.


Attorney(s) appearing for the Case

Ted B. Lewis and C. Duane O'Neal, Lewis Kappes Fuller & Eads, Indianapolis, for appellants.

William E. Wendling, Jr. and John D. Proffitt, Campbell Kyle Proffitt, Carmel, for all defendants except the Carmel Bd. of Zoning Appeals.

Gordon D. Byers, Cook & Byers, Noblesville, for Carmel Bd. of Zoning Appeals.


SHIELDS, Presiding Judge.

Carol Rhoads and Greg Binder (Rhoads) appeal the dismissal of their petition for a writ of certiorari (Petition) directed to the decision of the Carmel Board of Zoning Appeals (Board) granting Lynnwood Farm Associates, Ltd., (Lynnwood) a variance from developmental standards.

We reverse and remand for further proceedings.

ISSUES

I. Whether the trial court erred in dismissing Rhoads's Petition on the grounds:

...

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