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DVORAK v. CITY OF BLOOMINGTON

No. 53A01-0105-CV-188.

768 N.E.2d 490 (2002)

Peter DVORAK, Imram Aziz, Brian Gach, Eric Himes, Scott Albright, and Alan Lutz, Appellants-Defendants, v. CITY OF BLOOMINGTON, Appellee-Plaintiff.

Court of Appeals of Indiana.

May 17, 2002.

Attorney(s) appearing for the Case

Michael L. Carmin, Andrews, Harrell, Mann, Carmin & Parker, P.C., Bloomington, IN, Julia Blackwell Gelinas, Nelson D. Alexander, Locke Reynolds LLP, Indianapolis, IN, Attorneys for Appellants.

R. Michael Flory, City of Bloomington, Bloomington, IN, Attorney for Appellee.

J. Alexander Tanford, Bloomington, IN, Kenneth J. Falk, Indianapolis, IN, Attorneys for Amicus Indiana Civil Liberties Union.

Michael J. Lewinski, Timothy E. Ochs, Ice Miller, Attorneys for Amicus Indiana Association of Cities & Towns.

OPINION

KIRSCH, Judge.

Peter Dvorak, Imram Aziz, Brian Gach, Eric Himes, Scott Albright, and Alan Lutz (Appellants) appeal the trial court's adverse decision on the complaint filed against them by the City of Bloomington (City). They present the following issues for appeal:

I. Whether a municipal zoning ordinance is state action for purposes of an Equal Privileges and Immunities challenge.

II. Whether a zoning ordinance restricting the number...

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