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DPF, INC. v. BOARD OF COM'RS

No. 82A05-9302-CV-62.

622 N.E.2d 1332 (1993)

DPF, INC., an Indiana Corp., Appellant-Plaintiff, v. BOARD OF COMMISSIONERS FOR VANDERBURGH COUNTY, Appellee-Defendant.

Court of Appeals of Indiana, Fifth District.

November 9, 1993.

Attorney(s) appearing for the Case

Donald R. Wright, Keith M. Wallace, Wright, Evans & Daly, Evansville, for appellant-plaintiff.

Gary K. Price, Ziemer, Stayman, Weitzel & Shoulders, Evansville, for appellee-defendant.

RUCKER, Judge.

DPF, Inc. filed a direct action in the trial court against the Board of Commissioners for Vanderburgh County alleging the Board's refusal to rezone property owned by DPF amounted to an unconstitutional taking. The trial court disagreed and entered summary judgment in favor of the Board. DPF now appeals arguing the trial court erred in so doing. Because genuine issues of material fact exist, we reverse.

DPF purchased a 19.87-acre tract of land...

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