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PERRY-WORTH CONCERNED CITIZENS v. BOARD OF COM'RS

No. 41A01-9903-CV-70.

723 N.E.2d 457 (2000)

PERRY-WORTH CONCERNED CITIZENS, Everett Smith, Betty Smith, Daniel Tyler, Mary Tyler, Philip Gibbs, Cynthia Gibbs, Bruce Thompson, Sue Thompson, Oscar England, and Lamonia England, Appellants-Plaintiffs, v. BOARD OF COMMISSIONERS OF BOONE COUNTY, Valenti-Held Real Estate Group, LLP, and Brenwick Development Company, Inc., Appellees-Defendants.

Court of Appeals of Indiana.

Transfer Denied April 25, 2000.

Attorney(s) appearing for the Case

Frank C. Capozza, Indianapolis, Indiana, Thomas A. Whitsit, Janine M. Steck, Giddings Whitsit & McClure, Lebanon, Indiana, Attorneys for Appellants.

Steven A. Holt, Holt Fleck & Free, Noblesville, Indiana, Jan M. Carroll, Barnes & Thornburg, Indianapolis, Indiana, Attorneys for Appellees.

OPINION

KIRSCH, Judge

Appellants appeal a negative judgment in the trial court on their challenge to an ordinance rezoning a parcel of real property in Boone County, raising several issues for review. We address only one, which we find dispositive: whether Garland Ferrell, a member of the Boone County Board of Commissioners, should have disqualified himself from voting on the ordinance because of a conflict of interest arising from his spouse's ownership...

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