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WOLFF v. MOORESVILLE PLAN COM'N

No. 55A01-0011-CV-387.

754 N.E.2d 589 (2001)

Mike WOLFF and Carol Anderson, Appellants-Plaintiffs, v. MOORESVILLE PLAN COMMISSION, Appellee-Defendant.

Court of Appeals of Indiana.

August 29, 2001.

Attorney(s) appearing for the Case

C. Duane O'Neal, Lewis & Kappes, P.C., Indianapolis, IN, Attorney for Appellants.

Rodric C. Bray, Harris & Currens, Mooresville, Frank W. Hogan Voyles, Zahn, Paul, Hogan & Merriman, Indianapolis, IN, Attorneys for Appellee.

OPINION

MATHIAS, Judge.

Mike Wolff and Carol Anderson ("Wolff") appeal the Mooresville Plan Commission's ("Commission") denial of a petition for primary plat approval to develop a subdivision of manufactured housing. Wolff raises four issues, which we restate as:

I. Whether the Commission's decision to deny approval of Wolff's primary plat was based upon an ordinance that is not valid, and is therefore unlawful, arbitrary, and capricious; and

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