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COLUMBUS BD. OF ZONING APP. v. WETHERALD

No. 03A01-9204-CV-122.

605 N.E.2d 208 (1992)

COLUMBUS BOARD OF ZONING APPEALS, Thomas Webb, Jewell Arthur, Timothy Grogg, Steven Zeller, and Lou Marr, Individual Members of Such Board; and Steve Rucker, Appellants-Respondents, v. Tom WETHERALD, Appellee-Petitioner.

Court of Appeals of Indiana, First District.

Rehearing Denied March 10, 1993.

Attorney(s) appearing for the Case

J. Grant Tucker, Jones Patterson Boll & Tucker, Columbus, for appellants-respondents.

John R. Rumple, Joan Tupin Crites, Sharpnack, Bigley, David & Rumple, Columbus, for appellee-petitioner.

RATLIFF, Judge.

STATEMENT OF THE CASE

The Columbus Board of Zoning Appeals, its individual members, and Steve Rucker (collectively "BZA") appeal from a judgment reversing the BZA's decision denying applications for zoning variances filed by Tom Wetherald. We reverse and remand.

ISSUES

We restate and consolidate the issues on appeal as:

1. Is the instant appeal moot because the BZA failed to obtain a stay pending appeal, and in the...

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