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COMMON COUN. MI CITY v. BD. OF ZONING APP.

No. 46A03-0709-CV-146.

881 N.E.2d 1012 (2008)

COMMON COUNCIL OF MICHIGAN CITY, Indiana, Appellant, v. BOARD OF ZONING APPEALS OF MICHIGAN CITY, Indiana, James Masters, Esq., as Trustee of Land Trust No. 613200, and Herman & Kittle Properties, Inc., Appellees.

Court of Appeals of Indiana.

February 29, 2008.

Attorney(s) appearing for the Case

James B. Meyer, Meyer & Wyatt, P.C., Gary, IN, Attorney for Appellant.

Thomas E. Mixdorf, Zeff A. Weiss, Abigail B. Cella, Ice Miller, LLP, Indianapolis, Craig V. Braje, Braje Nelson & Janes, LLP, Michigan City, IN, Attorneys for Appellee, Herman & Kittle Properties, Ind.

Edward A. Sullivan, Angela Kelver, Baker & Daniels, LLP, South Bend, IN, Attorneys for Appellee, Board of Zoning Appeals of Michigan City, Indiana.

OPINION

BARNES, Judge.

Case Summary

The Common Council of Michigan City ("Common Council") appeals the dismissal of its petition for writ of certiorari against the Board of Zoning Appeals of Michigan City ("the BZA") and its complaint for declaratory judgment seeking to disannex certain land. We affirm.

Issues

The issues before us are:

I. whether the Common Council has standing to challenge a decision of the BZA; and...

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