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CHARLESTOWN ADVISORY PLANNING COM'N v. KBJ

No. 10A01-0704-CV-201.

879 N.E.2d 599 (2008)

CITY OF CHARLESTOWN ADVISORY PLANNING COMMISSION, Appellant-Respondent, v. KBJ, LLC, Appellee-Petitioner.

Court of Appeals of Indiana.

January 22, 2008.

Attorney(s) appearing for the Case

David A. Lewis, Jeffersonville, IN, Attorney for Appellant.

Michael G. Naville, Lorch & Naville, LLC, Steven A. Gustafson, The Law Office of Richard R. Fox, New Albany, IN, Attorneys for Appellee.

OPINION

BARNES, Judge.

Case Summary

The City of Charlestown Advisory Planning Commission ("Planning Commission") appeals the trial court's granting of a petition for writ of certiorari filed by KBJ, LLC ("KBJ"). We affirm in part and reverse in part.

Issues

The Planning Commission raises three issues, which we consolidate and restate as:

I. whether the trial court properly granted KBJ's petition for writ of...

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