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600 LAND v. METROPOLITAN BD. ZONING APP.

No. 49S05-0711-CV-513.

889 N.E.2d 305 (2008)

600 LAND, INC., Appellant (Defendant below), v. METROPOLITAN BOARD OF ZONING APPEALS OF MARION COUNTY, Indiana, Division One and City of Indianapolis, Kite Realty Group, L.P., Appellees (Plaintiffs below).

Supreme Court of Indiana.

June 30, 2008.

Attorney(s) appearing for the Case

Robert M. Frye, Indianapolis, IN, Scott R. Sikkenga, Kalamazoo, MI, Attorneys for Appellant.

James B. Osborn, Ian Stewart, Indianapolis, IN, Attorneys for Appellees, Metropolitan Board Of Zoning Appeals Of Marion County, Indiana, Division One and City of Indianapolis.

Michael A. Wukmer, Melanie E. Harris, Brian E. Bailey, Indianapolis, IN, Attorneys for Appellee Kite Realty Group, L.P.

SULLIVAN, Justice.

600 Land, Inc. is the owner of land in Marion County on which it wants to build a "solid waste transfer station." The County contends that a special exception from the zoning ordinance is required. The land is zoned to permit a "motor truck terminal" to be operated without a special use permit. 600 Land's proposed use qualifies as a "motor truck terminal" because "[a] terminal may include facilities for the temporary storage of loads prior to transshipment...

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