TOWN OF BEVERLY SHORES v. BAGNALL

No. 64A03-9010-CV-455.

570 N.E.2d 1363 (1991)

The TOWN OF BEVERLY SHORES, Indiana; Carol Ruzic, John F. Keys, Robert J. Love, Karlis Zarins, Ellen L. Firme in Their Capacity As Members of the Town Council of the Town of Beverly Shores, Indiana; the Board of Zoning Appeals of the Town of Beverly Shores, Indiana; Robert W. Beglin, Jeffery B. Katz, John R. Daraska, John Vaznelis, and Paul E. Kline, in Their Capacity As Members of the Board of Zoning Appeals of the Town of Beverly Shores, Indiana; and Leon W. Marek, in His Capacity As the Building Commissioner of the Town of Beverly Shores, Indiana, Appellant (Respondents below), v. George C. BAGNALL and Ann H. Bagnall, Appellees (Petitioners below).

Court of Appeals of Indiana, Third District.

Rehearing Denied July 16, 1991.


Attorney(s) appearing for the Case

Terry K. Hiestand, Chesterton, for appellant.

Barbara A. Young, Katharine E. Gerken, Todd A. Leeth, Valparaiso, for appellees.


STATON, Judge.

The Town of Beverly Shores and the Beverly Shores Board of Zoning Appeals appeal the judgment of the trial court reversing the Board's denial of a zoning variance to George and Ann Bagnall. The Town presents for our review the sole issue of whether the decision of the trial court was contrary to law.

We remand to the Board of Zoning Appeals.

On February 26, 1968, the Bagnalls purchased Lot 7 on Lake Front Drive in the Town of Beverly...

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