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DAILY v. CITY OF COLUMBUS BD.

No. 03A05-0810-CV-591.

904 N.E.2d 343 (2009)

Jim & Carol DAILY, Appellants-Petitioners, v. CITY OF COLUMBUS BOARD OF ZONING APPEALS, Appellee-Respondent.

Court of Appeals of Indiana.

April 15, 2009.

Attorney(s) appearing for the Case

Michael G. Naville, Stephen T. Naville, Lorch & Naville, LLC, New Albany, IN, Attorneys for Appellants.

Alan L. Whitted, Columbus, IN, Attorney for Appellee.

OPINION1

KIRSCH, Judge.

Jim and Carol Daily ("the Dailys") appeal from the trial court's order affirming the City of Columbus Board of Zoning Appeals' ("the BZA") denial of the Dailys' temporary use application for a farmers' market on the 2.1-acre lot ("the 2.1-acre lot") in Columbus, Indiana that they are purchasing on contract, in their action seeking declaratory judgment. The following issue is dispositive of this...

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