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BOARD OF ZONING APPEALS v. LEISZ

No. 53S01-9806-CV-345.

702 N.E.2d 1026 (1998)

BOARD OF ZONING APPEALS, BLOOMINGTON, INDIANA, Appellant (Respondent below), v. Jack LEISZ and Barbara Leisz, Appellees (Petitioners below).

Supreme Court of Indiana.

December 2, 1998.

Attorney(s) appearing for the Case

Susan G. Montgomery, Jennifer L. Lloyd, Bloomington, for Appellant.

Thomas M. McDonald, Diane J. Walker, Bloomington, for Appellees.

ON PETITION TO TRANSFER

BOEHM, Justice.

We granted transfer to consider whether a zoning ordinance that provides for the forfeiture of a prior nonconforming use if it is not registered constitutes an unconstitutional taking in violation of the Fifth and Fourteenth Amendments to the United States Constitution. Although important individual property rights are at stake, we conclude that the zoning ordinance at issue served an important public purpose and did...

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