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DANIELS v. AREA PLAN COM'N OF ALLEN COUNTY

No. 01-1158.

306 F.3d 445 (2002)

William DANIELS and Judy Daniels, Plaintiffs-Appellees, v. THE AREA PLAN COMMISSION OF ALLEN COUNTY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 11, 2002.

Attorney(s) appearing for the Case

John C. Theisen, Matthew M. Hohman (argued), Barnes & Thornburg, Fort Wayne, IN, for Plaintiffs-Appellees.

Matthew J. Elliott (argued), Beckman Lawson, Fort Wayne, IN, for Defendant-Appellant.

Before FLAUM, Chief Judge, MANION and KANNE, Circuit Judges.

MANION, Circuit Judge.

I.

On April 13, 2000, William and Judy Daniels filed a complaint, under 42 U.S.C. § 1983, in the United States District Court for the Northern District of Indiana, seeking a declaratory judgment that the Area Plan Commission of Allen County violated the Fifth and Fourteenth Amendments to the U.S. Constitution, as well the Indiana Constitution, when it vacated a restrictive covenant attached to their property that was designed...

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