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NEWMAN v. SPENCE

No. 64A04-8909-CV-412.

565 N.E.2d 350 (1991)

James NEWMAN, Alfred Putnam, Robert Martino, Ray Tittle, Jr., and Donna Wilkes, As the Board of Zoning Appeals for Dune Acres, Indiana; Delano Wilkes, Donald Koehler, and Sharon Snyder, As the Board of Trustees of the Town of Dune Acres, Indiana; and Mary Ann Putnam, Appellants (Defendants below), v. William A. SPENCE and Dee Gaynor Spence, Appellees (Plaintiffs below).

Court of Appeals of Indiana, Fourth District.

January 17, 1991.

Attorney(s) appearing for the Case

Patrick E. Donoghue, Sweeney, Dabagia, Donoghue & Thorne, Michigan City, John D. Purdy, Jr., Gerald P. Callaghan, James N. Azim, III, Siemon, Larsen & Purdy, Chicago, Ill., for appellants.

Duane W. Hartman, Blachly, Tabor, Bozik & Hartman, Valparaiso, for appellees.

CONOVER, Judge.

Defendants-Appellants James Newman and others named in the caption as zoning appeals board members, Delano Wilkes and others likewise named as town board members, and Mary Ann Putnam (collectively, the Board), appeal the Porter Superior Court's judgment determining certain provisions of the Town of Dune Acres Zoning Ordinance were unconstitutional as they applied to the Spences' property.

We affirm.

The issues presented by this appeal...

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