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TOWN OF MERRILLVILLE v. PUBLIC STORAGE

No. 45A04-8911-CV-495.

568 N.E.2d 1092 (1991)

TOWN OF MERRILLVILLE Board of Zoning Appeals, Bruce Sayers, Environ Property Owner's Association, Inc., Gainer Bank, N.A., Methodist Hospital, Inc., 84TH Drive Partnership, A.J. Hayes, P.R. Unni, M.D., Raymond Lennertz, and Marv Downey, Respondents-Appellants, v. PUBLIC STORAGE, Inc., Petitioner-Appellee.

Court of Appeals of Indiana, First District.

March 28, 1991.

Attorney(s) appearing for the Case

Fred M. Cuppy, Kathryn D. Schmidt, Phillip A. Norman, Burke, Murphy, Costanza & Cuppy, Merrillville, for respondents-appellants.

David E. Wickland, Munster, John P. Bushemi, Merrillville, for petitioner-appellee.

BAKER, Judge.

Petitioner-appellee Public Storage, Inc. (Storage) sought a special exception from respondent-appellant Town of Merrillville Board of Zoning Appeals (the Board) to build a public storage facility. After hearing remonstrances from a number of residents who are also appellants in this action, the Board denied the special exception. Storage then petitioned for a writ of certiorari from the trial court, and the trial court granted the petition.

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