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STEUBEN COUNTY v. FAMILY DEVELOPMENT, LTD.

No. 76A04-0006-CV-259.

753 N.E.2d 693 (2001)

STEUBEN COUNTY; F. Mayo Sanders, Dale Hughes, Jr. and Rodney Wells, In Their Capacity as Members of the Steuben County Board of Commissioners; Steuben County Plan Commission; James A. Crowl, Ronald Dodd, Paul Friend, Larry Gilbert, Dale Hughes, Jr., August Bud Kurtz, Nancy Vail-Mattingly, John McLaughlin, and Delbert Shultz, In Their Capacities as Members of the Steuben County Plan Commission; Steuben County Board of Zoning Appeals; William Bryan, Ronald Dodd, Thomas Hanselman, Willis Ingledue, August Bud Kurtz, In Their Capacities as Members of the Steuben County Board of Zoning Appeals; Phillip K. Meyers, In His Capacity as Steuben County Zoning Administrator; and June Fee Haskins and Patricia Hakes on Behalf of the Waste Watchers, Inc. as Their Interests May Appear, Appellants-Defendants, v. FAMILY DEVELOPMENT, LTD., Appellee-Plaintiff.

Court of Appeals of Indiana.

Rehearing Denied October 2, 2001.

Attorney(s) appearing for the Case

Phillip S. Renz, Diana C. Bauer, Miller Carson Boxberger & Murphy, Fort Wayne, IN, Attorneys for Appellants.

Lawrence A. Vanore, Sommer & Barnard, Indianapolis, IN, James P. McCanna, Auburn, IN, Attorneys for Steuben County Waste Watchers.

James P. Fenton, Alan VerPlanck, Eilbacher Scott, Fort Wayne, IN, Attorneys for Appellee.

OPINION

SHARPNACK, Chief Judge.

June Fee Haskins and Colleen Hake,1 on behalf of Steuben County Waste Watchers, Inc. (collectively, "Waste Watchers"), and several Steuben County elected officials and government agencies (collectively, "Steuben County"),2 appeal the trial court's grant of Family Development, Ltd.'s ("Family Development") motion for summary judgment and the trial court's denial of their...

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