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COUCH v. HAMILTON COUNTY

No. 29A05-9207-CV-243.

609 N.E.2d 39 (1993)

Rondal COUCH, Appellant-Plaintiff, v. HAMILTON COUNTY Board of Zoning Appeals, Appellee-Defendant.

Court of Appeals of Indiana, Fifth District.

February 25, 1993.

Attorney(s) appearing for the Case

Melvin A. Richards, Richards, Boje & Pickering, Noblesville, for appellant-plaintiff.

Randolph A. Leerkamp, Carter & Leerkamp, Indianapolis, for appellee-defendant.

SHARPNACK, Chief Judge.

Rondal Couch appeals the dismissal of his petition for certiorari which requested that the Hamilton Superior Court review the Hamilton County Board of Zoning Appeals ("the board") decision that denied his petition for a zoning variance. We reverse.

Because we reverse, we address only the following issue:

Did Couch's petition for certiorari allege facts sufficient under Ind. Code § 36-7-4-1003 to withstand the board's motion...

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