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BENTON CTY. REMONSTRATORS v. BOARD OF ZONING APPEALS

No. 04A03-0811-CV-559.

905 N.E.2d 1090 (2009)

BENTON COUNTY REMONSTRATORS (Dennis Foster, David Geswein, et al.), Appellants-Petitioners, v. BOARD OF ZONING APPEALS OF BENTON COUNTY; Brian Martin; David Martin; North Fork Farms, LLC; Bruce Buchanan; and Connie Frey, Appellees-Respondents.

Court of Appeals of Indiana.

May 15, 2009.

Attorney(s) appearing for the Case

John T. Casey, Rensselaer, IN, Attorney for Appellants.

Alan S. Townsend, Bryan H. Babb, Daniel P. McInerny, Suzanna Hartzell-Baird, Bose McKinney & Evans, LLP, Indianapolis, IN, Attorneys for Appellees.

OPINION

MATHIAS, Judge.

The Benton County Remonstrators ("Remonstrators") appeal from a dismissal of their verified petition, complaint, and application for writ of certiorari, declaratory judgment and judicial review. The Remonstrators appeal and argue:

1. Whether the trial court erred when it rescinded an order appointing a special judge; 2. Whether the special judge erred when it denied Remonstrators' motion for change of venue;

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