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RUSH v. ELKHART COUNTY PLAN COM'N

No. 43A05-9708-CV-363.

698 N.E.2d 1211 (1998)

Randall RUSH, Bonnie Rush, Gene Demorrow, Melanie Demorrow, Russell Dean Ernsberger, Jill Ernsberger, Kenneth L. Kopf, Jr., Gloria Kopf, John Klaer, June Klaer, Charles Cobb, Nancy Cobb, Clement Bainter, Joann Bainter, Omer G. Kropf, Richard Kindel and Barbara Kindel, Appellants-Plaintiffs, v. ELKHART COUNTY PLAN COMMISSION and Elkhart County, Elkhart County Board of Commissioners and Elkhart County, Paul Hershberger, Helen Hershberger, Brooks Construction Co., Inc. and A & J Partnership, Appellees-Defendants.

Court of Appeals of Indiana.

August 11, 1998.

Attorney(s) appearing for the Case

Rebecca F. Butler, Elkhart, James R. Byron, Thorne, Grodnik, Ransel Duncan, Byron & Hostetler, Elkhart, for Appellants-Plaintiffs.

Brian L. Hoffer, Randy J. Spitaels, Kindig & Sloat, Nappanee, James W. Kolbus, Hartzog, Barker, Hepler & Saunders, Goshen, Michael F. Deboni, Yoder, Ainlay, Ulmer & Buckingham, Goshen, for Appellees-Defendants.

OPINION

KIRSCH, Judge.

This is an appeal from a judgment on cross motions for summary judgment entered in this case brought by Appellants to challenge rezoning legislation adopted by the Elkhart County Commissioners that would allow the construction of an asphalt plant. Appellants claim that the legislation is invalid and present several issues on appeal, as follows:

I. Whether the Plan Commission...

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