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HOLMES v. BD. OF ZONING APPEALS OF JASPER COUNTY

No. 37A03-9211-CV-375.

634 N.E.2d 522 (1994)

Harold HOLMES, III, Howard Holmes, and Holmes Bros., Inc., Appellants-Petitioners below, v. BOARD OF ZONING APPEALS OF JASPER COUNTY, Indiana, Appellee-Respondent below.

Court of Appeals of Indiana, Third District.

May 16, 1994.

Attorney(s) appearing for the Case

David C. Appel, Valparaiso, for appellant.

James R. Beaver, Halleck & Beaver P.C., Rensselaer, Lawrence A. Vanore, Donald C. Biggs, Sommer & Barnard, P.C., Indianapolis, for appellee.

STATON, Judge.

Howard Holmes, Harold Holmes, and Holmes Bros., Inc. (collectively "Holmes") appeal the trial court's judgment affirming a decision of the Board of Zoning Appeals of Jasper County ("BZA"). Holmes presents thirteen issues for our review, only one of which we must address: whether the trial court erred in determining that the BZA's authority to regulate Holmes' proposed storage tank is not preempted by state law. We also raise sua sponte the issue...

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