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EQUICOR DEV., INC. v. WESTFIELD-WASHINGTON TP. PLAN COM'N

No. 29S02-0105-CV-239.

758 N.E.2d 34 (2001)

EQUICOR DEVELOPMENT, INC., An Indiana Corporation, Thomas E. Goins, and Stephen Roudebush, Appellants (Petitioners Below), v. The WESTFIELD-WASHINGTON TOWNSHIP PLAN COMMISSION, Appellee (Respondent Below).

Supreme Court of Indiana.

November 15, 2001.

Attorney(s) appearing for the Case

James P. Moloy, Joseph D. Calderon, Indianapolis, Indiana, Attorneys for Appellants.

Brian J. Zaiger, Noblesville, Indiana, Attorney for Appellees.

BOEHM, Justice.

ON PETITION FOR TRANSFER

We hold that in the absence of a claimed violation of due process or equal protection rights, or their state counterparts, it is improper to inquire into the motive behind a zoning commission's denial of a subdivider's proposed primary plat. However, under the circumstances of this case, the commission is estopped from raising the deficiencies it cited to deny the proposal.

Factual and Procedural Background...

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