LAKE COUNTY TRUST v. ADVISORY PLAN COM'N

No. 37A03-0705-CV-230.

883 N.E.2d 124 (2008)

LAKE COUNTY TRUST COMPANY, Trustee under Trust Agreement dated November 1, 2002 and known as the DSK Family Trust No. 5400; Lake County Trust Company, Trustee under Trust Agreement dated December 18, 2002 and known as Trust No. 5390; Lake County Trust Company, Trustee under Trust Agreement dated February 18, 2003 and known as P & M Land Trust No. 5444; Thomas N. Simstad, Maria K. Simstad and Kenneth Bachorski, Appellants-Petitioner, v. ADVISORY PLAN COMMISSION OF LAKE COUNTY, INDIANA, Appellee-Respondent.

Court of Appeals of Indiana.

March 20, 2008.


Attorney(s) appearing for the Case

Stephen M. Maish, Patrick A. Mysliwy, Maish & Mysliwy, Hammond, IN, Attorneys for Appellants.

Anthony W. Overholt, Maggie L. Smith, Locke Reynolds, Indianapolis, IN, Attorneys for Appellee.


OPINION

SHARPNACK, Judge.

Lake County Trust Company, Trustee under Trust Agreement Dated November 1, 2002 and Known as the DSK Family Trust No. 5400, et al. ("Trust Company"), appeals the trial court's order concluding that the Advisory Plan Commission of Lake County ("Plan Commission") acted in bad faith but is immune from sanctions. Trust Company raises two issues, which we revise and restate as:

I. Whether the trial court erred by concluding...

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