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TOWN OF CEDAR LAKE BZA v. VELLEGAS

No. 45A05-0507-CV-416.

853 N.E.2d 123 (2006)

TOWN OF CEDAR LAKE BOARD OF ZONING APPEALS, Appellant-Respondent, v. Nick VELLEGAS, Appellee-Petitioner.

Court of Appeals of Indiana.

Publication Ordered July 13, 2006.

Attorney(s) appearing for the Case

David M. Austgen, Timothy R. Kuiper, Joseph C. Svetanoff, Austgen, Decker & Phillips, P.C., Crown Point, for Appellant.

Timothy F. Kelly, Michael P. Massucci, Timothy F. Kelly & Associates, Dyer, for Appellee.

OPINION

MATHIAS, Judge.

Nick Vellegas's ("Vellegas") request for certain variances was denied by the Board of Zoning Appeals for the Town of Cedar Lake ("the BZA"). Vellegas appealed the denial of his variance request in the Superior Court of Lake County. The trial court reversed the BZA ordering it to grant Vellegas's variance requests. The BZA appeals and we find the following issue to be dispositive: whether the trial court lacked jurisdiction to consider...

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