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JOHNSON COUNTY PLAN COM'N v. TINKLE

No. 41A04-0010-CV-425.

748 N.E.2d 417 (2001)

JOHNSON COUNTY PLAN COMMISSION, Appellant-Defendant, v. Charles TINKLE, II and Charles Tinkle, III, Appellees-Plaintiff.

Court of Appeals of Indiana.

May 29, 2001.

Attorney(s) appearing for the Case

Jennifer Auger, Jones Hoffman & Admire, Franklin, IN, Attorney for Appellant.

Joe Van Valer, Van Valer Law Firm, Greenwood, IN, Attorney for Appellee.

OPINION

MATHIAS, Judge.

Since 1976, a Johnson County subdivision ordinance has prohibited the division of tracts of ten acres or more into three or more lots. The ordinance was not enforced until 1999 when Charles Tinkle II and Charles Tinkle III ("the Tinkles") submitted their application for plat approval of a subdivision, which was denied. The trial court held that the Johnson County Plan Commission ("the Commission") was collaterally estopped from enforcing...

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