DISCOVERY HOUSE, INC. v. METROPOLITAN BD. OF ZONING APPEALS OF MARION CTY.

No. 49A02-9711-CV-739.

701 N.E.2d 577 (1998)

DISCOVERY HOUSE, INC., Appellant, v. METROPOLITAN BOARD OF ZONING APPEALS OF MARION COUNTY, Indiana, Eastside Community Organization, Norton Health Care Center, Inc., Appellees.

Court of Appeals of Indiana.

Opinion Clarifying Decision on Rehearing, October 5, 1998.


Attorney(s) appearing for the Case

Robert P. Kennedy, Greg A. Bouwer, Merrillville, for Appellant.

Stephen Neff, Office of Corporation Counsel, Indianapolis, for Metropolitan Board of Zoning Appeals.

C. Duane O'Neal, Donna Heiser Dubisky, Lewis & Kappes, P.C., Indianapolis, for Eastside Community Organization.

John H. Sharpe, Alastair J. Warr, McNamar Fearnow & McSharar, Indianapolis, for Norton Health Care Center, Inc.


OPINION

SULLIVAN, Judge.

Appellant, Discovery House, Inc. (Discovery House), appeals the trial court's decision upholding the determination by the Metropolitan Board of Zoning Appeals (BZA) that Discovery House's proposed real estate use as a methadone clinic did not comport with the HD-2 zoning classification.

We reverse.

Discovery House asserts essentially three issues upon appeal, which we restate as follows:

Let's get started

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