CUSTER v. PLAN COM'N OF CITY OF GARRETT

No. 17A05-9711-CV-476.

699 N.E.2d 793 (1998)

Daniel G. CUSTER, Appellant-Defendant, v. PLAN COMMISSION OF the CITY OF GARRETT, Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

September 30, 1998.


Attorney(s) appearing for the Case

Bradley Kim Thomas, Thomas & Thomas, Waterloo, for Appellant-Defendant.

Gerald M. McNerney, Butler, for Appellee-Plaintiff.


OPINION

MATTINGLY, Judge.

Daniel Custer appeals an order of the DeKalb Circuit Court that he remove a garage he constructed on his property or, in the alternative, pay a fine of $18,275.00 Custer raises a single issue, which we restate as whether a city may bring an action outside the two-year statutory limit to enforce a municipal ordinance when the defendant does not raise the time limit as an affirmative defense but instead asserts it as a basis for a...

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