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VAN VACTOR FARMS v. MARSHALL COUNTY PLAN

No. 50A03-0209-CV-326.

793 N.E.2d 1136 (2003)

VAN VACTOR FARMS, INC., Appellant-Petitioner, v. MARSHALL COUNTY PLAN COMMISSION, Ralph Booker, Clifford Allen, David Dinius, Larry Fisher, Fred Lintner, Ronnie McCartney, Wayne Neidlinger, and Max Watkins, Appellees-Respondents.

Court of Appeals of Indiana.

August 20, 2003.

Attorney(s) appearing for the Case

Robert J. Palmer, John H. Peddycord, May, Oberfell & Lorber, South Bend, IN, Attorneys for Appellant.

George T. Patton, Jr., Paul D. Vink, Bose McKinney & Evans LLP, Indianapolis, IN, Kenneth H. Lukenbill, Stevens, Travis, Fortin & Lukenbill, Plymouth, IN, Attorneys for Appellees.

Charles R. Shedlak, Susan R. Hanson, Tuesley & Hall LLP, South Bend, IN, Attorneys for Amicus Curiae Twin Lakes Concerned Citizens Group.

OPINION

KIRSCH, Judge.

Van Vactor Farms, Inc. ("Van Vactor") appeals the trial court's denial of relief on its petition for writ of certiorari following the Marshall County Plan Commission's ("the Commission") denial of its application for preliminary plat approval for a proposed subdivision. Van Vactor raises a number of issues on appeal, which we consolidate and rephrase as:

I. Whether the Marshall...

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