600 LAND v. METROPOLITAN BD. OF ZONING APP.

No. 49A05-0604-CV-223.

863 N.E.2d 339 (2007)

600 LAND, INC., Appellant-Petitioner, v. METROPOLITAN BOARD OF ZONING APPEALS OF MARION COUNTY, Indiana and Consolidated City of Indianapolis, Appellee-Respondent, and Kite Realty Group, L.P. and Sybaris Club of Indianapolis, LLC, Appellees-Intervenors.

Court of Appeals of Indiana.

March 27, 2007.


Attorney(s) appearing for the Case

Scott R. Sikkenga, Kalamazoo, MI, Robert M. Frye, Pool Abbott & Frye, LLP, Indianapolis, IN, Attorneys for Appellant.

Ian L. Stewart, Indianapolis, IN, Attorney for Appellee Metropolitan Board of Zoning Appeals of Marion County & City of Indianapolis.

Michael A. Wukmer, Melanie E. Harris, Brian E. Bailey, Ice Miller LLP, Indianapolis, IN, Attorneys for Intervenor Kite Realty Group.

Offer Korin, Linda L. Vitone, Katz & Korin, P.C., Indianapolis, IN, Attorneys for Intervenor Sybaris Club of Indianapolis, LLC.


OPINION

ROBB, Judge.

Case Summary and Issues

600 Land, Inc., an Indiana corporation, appeals the trial court's denial of its motion for partial summary judgment and order affirming the decision of the Metropolitan Board of Zoning Appeals of Marion County (the "BZA"), denying 600 Land's petition for a special exception. On appeal, 600 Land raises three issues, which we restate as: (1) whether the Industrial Zoning Ordinance of Marion County...

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