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METROPOLITAN BD. OF ZONING APPEALS v. LANE

No. 49A02-0204-CV-303.

786 N.E.2d 1162 (2003)

METROPOLITAN BOARD OF ZONING APPEALS OF MARION COUNTY, INDIANA, DIVISION ONE, The Consolidated City of Indianapolis-Marion County, Indiana, J.C. Hart Company, Inc., Toller Family Associates, LP, and Paul L. Hollcraft, Appellants-Respondents, v. Woodrow J. LANE, Elizabeth L. Lane, Woodrow J. Lane Declaration of Trust, Betty J. Lane Declaration of Trust, Larry M. Davidson, Marcia L. Davidson, Thomas Marshall, Elise Marshall, Thomas Banta and Ila Banta, Appellees-Petitioners.

Court of Appeals of Indiana.

April 24, 2003.

Attorney(s) appearing for the Case

Michael C. Cook, John D. Waller, James M. Boyers, Wooden & McLaughlin, Indianapolis, IN, Attorneys for Appellants.

Frank W. Hogan, Voyles, Zahn, Paul, Hogan & Merriman, Indianapolis, IN, Attorney for Appellees.

OPINION

NAJAM, Judge.

The Metropolitan Board of Zoning Appeals of Marion County ("BZA") approved J.C. Hart Company, Inc.'s ("Hart") petition for a height variance from development standards for apartments on approximately twelve acres in Indianapolis. Woodrow J. Lane, Elizabeth L. Lane, Woodrow J. Lane Declaration of Trust, Betty J. Lane Declaration of Trust, Larry M. Davidson, Marcia L. Davidson, Thomas Marshall...

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