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HAMILTON COUNTY PLAN COM'N v. NIETEN

No. 29A05-0612-CV-736.

876 N.E.2d 355 (2007)

HAMILTON COUNTY PLAN COMMISSION and Hamilton County South Board of Zoning Appeals, Appellants-Defendants, v. Dr. Jerry NIETEN and Sheila Nieten, Appellees-Plaintiffs.

Court of Appeals of Indiana.

November 14, 2007.

Attorney(s) appearing for the Case

Randolph A. Leerkamp, Carmel, IN, Attorney for Appellants.

John R. Price, John R. Price & Associates, Indianapolis, IN, Attorney for Appellees.

OPINION

DARDEN, Judge.

STATEMENT OF THE CASE

The Hamilton County South Board of Zoning Appeals ("BZA") appeals the trial court's order reversing the determination by the BZA that a building maintained on property owned by Dr. Jerry Nieten and his wife, Sheila Nieten, ("the Nietens") constituted a violation of the Hamilton County Zoning Ordinance ("the Ordinance").

We affirm.

ISSUE

Whether the existence of...

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