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SCOTT v. MARSHALL COUNTY BD. OF ZONING APPEALS

No. 50A03-9706-CV-193.

696 N.E.2d 884 (1998)

Richard SCOTT and Sharon Scott, Appellants-Plaintiffs, v. MARSHALL COUNTY BOARD OF ZONING APPEALS, Dan Johnson, Elaine Johnson, Betty Harbaugh, W.A. Bannow, Clark Reiter, Laura Mathews, Louis Albert, Bruce Albert and Mary Albert, Appellees-Defendants.

Court of Appeals of Indiana.

July 20, 1998.

Attorney(s) appearing for the Case

Richard K. Helm, Rockhill, Pinnick, Pequignot, Helm, Landis & Rigdon, Warsaw, for Appellants-Plaintiffs.

J. Eric Davis, Stevens, Travis, Fortin & Lukenbill, Plymouth, for Appellee-Defendant Marshall County Board of Zoning Appeals.

OPINION

HOFFMAN, Judge.

Appellants-plaintiffs Richard Scott and Sharon Scott appeal from a decision in favor of appellee-defendant Marshall County Board of Zoning Appeals (the "Board"). The facts most favorable to the judgment are presented below.

The Scotts' 40-acre farm is located in Marshall County. The property is zoned agricultural or A-1. On March 23, 1994, the Scotts applied for a special exception for the construction of a building on the...

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