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BERKEY v. KOSCIUSKO COUNTY

No. 43A03-9207-CV-209.

607 N.E.2d 730 (1993)

Loyd BERKEY, Betty Berkey, and Bud E. Van Scoik, Appellants-Defendants, v. KOSCIUSKO COUNTY Board of Zoning Appeals, Appellee-Plaintiff.

Court of Appeals of Indiana, Third District.

Transfer Denied April 8, 1993.

Attorney(s) appearing for the Case

Stephen R. Snyder, Donald K. Broad, Beckman, Lawson, Sandler, Snyder & Federoff, Syracuse, for appellants-defendants.

Michael W. Reed, Reed & Earhart, Warsaw, for appellee-plaintiff.

HOFFMAN, Judge.

Appellants-defendants Loyd Berkey, Betty Berkey, and Bud E. Van Scoik appeal the trial court's issuance of an injunction against them and entry of summary judgment in favor of the Kosciusko County Board of Zoning Appeals (BZA).

The facts relevant to the appeal disclose that on November 1, 1991, the BZA brought an action for a permanent injunction against appellants, alleging that they expanded a pre-existing, nonconforming use of their property...

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