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BAGNALL v. TOWN OF BEVERLY SHORES

No. 64S05-9909-CV-499.

726 N.E.2d 782 (2000)

George C. BAGNALL and Ann H. Bagnall, Appellants (Plaintiffs below), v. TOWN OF BEVERLY SHORES, Indiana; The Board of Zoning Appeals of the Town of Beverly Shores, Indiana; and Mary Fulgum, Phillip Dickerman, Michael Pavel, Patrick Wagner, and George Stefanek, In Their Capacity as Members of the Board of Zoning Appeals of the Town of Beverly Shores, Indiana, Appellees (Defendants below), and Michael Pavel and Deborah Pavel, Appellees (Intervenors below).

Supreme Court of Indiana.

March 30, 2000.

Attorney(s) appearing for the Case

George C. Bagnall, Appellant, Beverly Shores, Indiana, Pro Se.

Jo Angela Woods, Indiana Municipal Lawyers Association, Inc., Indianapolis, Indiana, Attorney for Amicus Curiae.

Jeffrey F. Gunning, Pinkerton & Friedman, P.C., Munster, Indiana, Attorney for Appellee.

Terry Hiestand, Chesterton, Indiana, Attorney for Appellees/Intervenors.

ON PETITION TO TRANSFER

SULLIVAN, Justice.

The Bagnalls filed three petitions seeking court review of zoning variance grants to neighboring property owners by the local zoning board. Finding that the Bagnalls did not properly notify all adverse parties in accordance with the state zoning law, we affirm the trial court's grant of summary judgment to the Board with respect to two of the petitions. We affirm the trial court's dismissal of the third petition...

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