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SHIPSHEWANA CORP. v. LAGRANGE COUNTY

No. 44 SO3-9503-CV-374.

656 N.E.2d 812 (1995)

SHIPSHEWANA CONVENIENCE CORPORATION, Mildred Mishler, Keith and Judy Mishler and George Bechman, Appellants-Petitioners, v. The Board of Zoning Appeals of LAGRANGE COUNTY, Indiana, Richard W. Parish and Marian L. Parish, Husban d and Wife, Appellee-Respondents

Supreme Court of Indiana.

October 11, 1995.

Attorney(s) appearing for the Case

Dane L. Tubergen, Hunt, Suedhoff, Borrow & Eilbacher, Fort Wayne, for appellants.

Phillip A. Renz, Miller, Carson, Boxberger & Murphy, Fort Wayne, Jeffrey A. James, LeRoy K. Schultess, LaGrange, Jeffrey L. Gage, Columbia City, for appellees.

ON PETITION TO TRANSFER

SULLIVAN, Justice.

We hold that strict compliance with the requirements of the statute governing appeals from decisions of boards of zoning appeals is necessary for the trial court to obtain jurisdiction over such cases. However, we are unable to conclude that a trial court fails to acquire such jurisdiction when a petitioner fails to request the order to show cause contemplated by that statute.

I

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