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HOBART COMMON COUNCIL v. INSTITUTE OF IND.

No. 45A03-0201-CV-33.

785 N.E.2d 238 (2003)

CITY OF HOBART COMMON COUNCIL, Appellant-Respondent, and School City of Hobart and Northwest Indiana Special Education Cooperative, Appellants-Intervenors, v. BEHAVIORAL INSTITUTE OF INDIANA, LLC, and 61st Avenue Building, LLC, Appellees-Petitioners.

Court of Appeals of Indiana.

March 17, 2003.

Attorney(s) appearing for the Case

George T. Patton, Jr., Monica J. Conrad, Adrian S. Allen, Bose McKinney & Evans LLP Indianapolis, Indiana, Attorney for Appellant, School City of Hobart & Northwest Indiana Special Education Cooperative.

John P. Bushemi, John P. Bushemi & Associates, Merrillville, Indiana, Attorney for Appellant, City of Hobart Common Council.

Kathleen Cekanski-Farrand, South Bend, Indiana, Attorney for Appellant, City of South Bend Common Council.

David C. Jensen, Eichhorn & Eichhorn, Hammond, Indiana, Attorney for Appellees.

OPINION

MATHIAS, Judge.

The Behavioral Institute of Indiana ("Institute") petitioned the City of Hobart ("Hobart") for a land use variance to operate a sixty-bed, for-profit, residential treatment facility in an area of Hobart zoned "R-2 single-family residential." The Hobart Board of Zoning Appeals ("HBZA") conducted a hearing on the Institute's proposed land use variance, and voted unanimously to send...

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