DVORAK v. CITY OF BLOOMINGTON

No. 53S01-0209-CV-472.

796 N.E.2d 236 (2003)

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

Supreme Court of Indiana.

September 23, 2003.


Attorney(s) appearing for the Case

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

Linda Runkle, Corporation Counsel, Patricia S. Bernens, City Attorney, R. Michael Flory, Asst. City Attorney, Bloomington, IN, Attorneys for Appellee.

J. Alexander Tanford, Bloomington, IN, Kenneth J. Falk, Michael J. Lewinski, Timothy E. Ochs, Tanya D. Marsh, Ice Miller, Indianapolis, IN, Robert L. Bauman, West Lafayette City Attorney, Pamela J. Hermes, West Lafayette Assistant City Attorney, Gambs, Mucker & Bauman, Lafayette, IN, for Amici Curiae Indiana Civil Liberties Union, Indiana Association of Cities and Towns, City of West Lafayette, Indiana.


DICKSON, Justice.

This appeal challenges the trial court's determination that a local zoning ordinance restricting the number of unrelated adult persons per dwelling in a single-family residential zone does not violate the Privileges and Immunities Clause of the Indiana Constitution and was not an ultra vires act. We affirm.

Peter Dvorak is the owner of a residential property located at 107 S. Bryan Avenue in Bloomington. On April 23, 1996, the City...

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