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BEHAVIORAL INST. OF IND. v. HOBART CITY OF COM.

No. 04-2360.

406 F.3d 926 (2005)

BEHAVIORAL INSTITUTE OF INDIANA, LLC and 61st Avenue Building, LLC, Plaintiffs-Appellants, v. HOBART CITY OF COMMON COUNCIL, School City of Hobart, City of Hobart, Indiana, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided May 9, 2005.

Attorney(s) appearing for the Case

Nathaniel Ruff (argued), Merrillville, IN, for Plaintiffs-Appellants.

John P. Bushemi, Merrillville, IN, Monica J. Conrad (argued), Bose, McKinney & Evans, Chesterton, IN, for Defendants-Appellees.

Before FLAUM, Chief Judge, and EVANS and SYKES, Circuit Judges.

SYKES, Circuit Judge.

In this appeal we review the district court's dismissal of the plaintiffs' complaint as time-barred by the statute of limitations. The case stems from a land use dispute in the City of Hobart, Indiana, over a proposed residential treatment facility for emotionally disturbed children. The plaintiffs' application for a zoning variance for the proposed facility was denied, a decision that was later overturned by the Indiana Court of Appeals on various...

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