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CITY OF CROWN POINT v. MISTY WOODS PROPERTIES, LLC

No. 45A03-0511-CV-560.

864 N.E.2d 1069 (2007)

CITY OF CROWN POINT, Appellant-Defendant, v. MISTY WOODS PROPERTIES, LLC, Appellee-Plaintiff.

Court of Appeals of Indiana.

April 18, 2007.

Attorney(s) appearing for the Case

Matthew L. Hinkle, Elizabeth I. Van Tassel, Coots, Henke & Wheeler, P.C., Carmel, IN, Attorneys for Appellant.

Michael L. Muenich, Michael L. Muenich, P.C., Highland, IN, Attorney for Appellee.

Robert W. Eherenman, Haller & Colvin, P.C., Attorney for Amici Curiae: Indiana Association of Cities and Towns and Indiana Municipal Lawyers Association.

OPINION

ROBB, Judge.

Case Summary and Issues

Misty Woods Properties, LLC ("Misty Woods") filed a Rezoning Petition requesting that certain parcels of land in Crown Point, Indiana (the "City"), be rezoned from agricultural ("A-1") to residential ("R-1" and "R-2"). After a public hearing, the Crown Point Plan Commission sent an advisory recommendation of the Rezoning Petition to the Crown Point Common Council. The Council approved an amended...

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