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FLYING J INC. v. CITY OF NEW HAVEN

No. 08-2319.

549 F.3d 538 (2008)

FLYING J INC., Plaintiff-Appellant, v. CITY OF NEW HAVEN, a political subdivision of the state of Indiana, Brian Yoh, individually and as Plan Director and Zoning Administrator of the City of New Haven, and Terry E. McDonald, individually and as mayor of the City of New Haven, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 5, 2008.

Attorney(s) appearing for the Case

Brent D. Wride, Attorney, Justin T. Toth (argued), Ray Quinney & Nebeker, P.C., Salt Lake City, UT, for Plaintiff-Appellant.

Wayne C. Turner, Attorney, Bingham Mchale, Indianapolis, IN, Gregory A. Neibarger, Attorney (argued), for Defendants-Appellees.

Before BAUER, FLAUM, and WILLIAMS, Circuit Judges.

FLAUM, Circuit Judge.

Flying J purchased 53.3 acres in New Haven, Indiana in the hopes of constructing a travel plaza and various other developments, including hotels and restaurants, on that land. Unfortunately, the New Haven Plan Commission was not as sanguine about the development plans, and after two adverse zoning decisions Flying J sued New Haven in Indiana state court. After losing in the trial court, Flying J prevailed on appeal, and the Indiana Supreme Court...

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