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KEIL CHEMICAL v. COMMON COUNCIL

No. 45A03-9212-CV-420.

612 N.E.2d 209 (1993)

KEIL CHEMICAL Company, a Division of Ferro Corporation, Appellant-Plaintiff below, v. COMMON COUNCIL of the City of Hammond, Indiana; and the City of Hammond, Indiana, a Municipal Corporation, Appellees-Defendants below.

Court of Appeals of Indiana, Third District.

Rehearing Denied July 20, 1993.

Attorney(s) appearing for the Case

Debra Lynch Dubovich, Goodman Ball & Van Bokkelen, Highland, for appellant-plaintiff.

Richard P. Komyatte, Alfred R. Uzis, Komyatte & Freeland, P.C., Highland, for appellees-defendants.

STATON, Judge.

Keil Chemical Company ("Keil") appeals the dismissal of Keil's petition for writ of certiorari seeking review of a decision by the City of Hammond Board of Zoning Appeals ("BZA") and the Hammond Common Council. We are presented with two (restated) issues for this court's review:

I. Whether dismissal was appropriate because Keil failed to comply with the jurisdictional requirements of IND. CODE 36-7-4-1003 and IND. CODE 36-7-4-1005.

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