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HOAGLAND v. TOWN OF CLEAR LAKE, IND.

No. 04-4045.

415 F.3d 693 (2005)

Daniel HOAGLAND, Karen Hoagland, Hoagland Family Limited Partnership and Clear Lake Management Corporation, Plaintiffs-Appellants, v. TOWN OF CLEAR LAKE, INDIANA; Robert D. Troll, Derold H. Covell, Emma J. Brown, William Geiger, Joe Driver, and Thomas Reith, individually and in their official capacity as current and former members of the Clear Lake Town Council and Plan Commission; Thomas Wehrenberg, in his official capacity as a former member of the Clear Lake Town Council and Plan Commission; Richard Allen Lehman, individually and in his official capacity as Town of Clear Lake Marshal and Clear Lake Zoning Inspector; Julie Azchrich, Barb Disser, Alan B. Larue and Thomas Reith, individually and in their official capacity as current and former members of the Board of Zoning Appeals of the Town of Clear Lake, Indiana, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 18, 2005.

Attorney(s) appearing for the Case

John R. Price (argued), Price & Associates, Indianapolis, IN, for Plaintiff-Appellant.

Dane L. Tubergen (argued), Hunt Suedhoff Kalamoros, Fort Wayne, IN, for Defendant-Appellee.

Michael W. Owen, Owen Law Group, Carmel, IN, for Amicus Curiae.

Before CUDAHY, EVANS, and WILLIAMS, Circuit Judges.

TERENCE T. EVANS, Circuit Judge.

This lawsuit, accurately described by Magistrate Judge Roger B. Cosbey as a feud, pits Daniel Hoagland and the other plaintiffs,1 owners of a heliport, against the town fathers of Clear Lake, Indiana, a very small and apparently wealthy community ringing the shores of an inland lake in northeastern Indiana. The town wants to get rid of the heliport and has amended its zoning ordinance (which originally...

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