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BORSUK v. TOWN OF ST. JOHN

No. 45S03-0405-CV-00236.

820 N.E.2d 118 (2005)

Chester BORSUK and, Lake County Trust Company, As Trustee Under Trust No. 4346, Appellants (Plaintiffs below), v. TOWN OF ST. JOHN, Appellee (Defendant below).

Supreme Court of Indiana.

January 4, 2005.

Attorney(s) appearing for the Case

Michael L. Muenich, Highland, IN, Attorney for Appellants.

David M. Austgen, Michael J. Phillips, Carri N. Crider, Crown Point, IN, Attorneys for Appellee.

Robert W. Eherenman, Fort Wayne, IN, Attorney for Amici Curiae.

SHEPARD, Chief Justice.

Chester Borsuk asked the Town of St. John to rezone the half of his lot presently designated residential so that the whole parcel would be commercial. He observes that the Town's comprehensive plan contemplates commercial zoning for the whole lot and argues that the denial of his request was arbitrary and capricious. The comprehensive plan is an important ground, but not the sole ground, on which...

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