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WALLACE v. BROWN COUNTY AREA PLAN COM'N

No. 07A05-9609-CV-383.

689 N.E.2d 491 (1998)

Roderic WALLACE and Becky I. Wallace, Appellants-Defendants, v. BROWN COUNTY AREA PLAN COMMISSION and Area Board of Zoning Appeals, Appellees-Plaintiffs, Roderic WALLACE and Becky I. Wallace, Appellants-Counter Claimants, v. TOWN OF NASHVILLE, Brown County, Indiana and William Daughtery, President, Vivian Taggart and John Davis, in their Official Capacity, Brown County Area Plan Commission and Area Board of Zoning Appeals, Appellees, Counter Defendants.

Court of Appeals of Indiana.

January 14, 1998.

Attorney(s) appearing for the Case

Deborah K. Smith, Martin & Smith, Thorntown, for Appellants-Defendants.

Cynthia A. Boll, Jones, Patterson, Boll & Tucker, Columbus, for Appellees-Plaintiffs Brown County Area Plan Commission and Area Board of Zoning Appeals.

Alan Whitted, Columbus, for Appellee, Counter Defendant Town of Nashville.

RUCKER, Judge.

The Brown County Area Plan Commission and Board of Zoning Appeals filed a complaint for injunctive relief against Roderic and Becky I. Wallace seeking the removal of a neon sign from the window of the Wallaces' Nashville restaurant. The trial court thereafter granted summary judgment in favor of the Town of Nashville and denied the Wallaces' motion for summary judgment. The Wallaces now appeal claiming the ordinance prohibiting neon signs amounts to...

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