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CITY OF NEW HAVEN v. FLYING J., INC.

No. 02A03-0902-CV-74.

912 N.E.2d 420 (2009)

CITY OF NEW HAVEN, Board of Zoning Appeals, Appellant-Respondent, v. FLYING J., INC., Appellee-Petitioner.

Court of Appeals of Indiana.

August 31, 2009.

Attorney(s) appearing for the Case

Wayne C. Turner, Gregory A. Neibarger, Shannon D. Landreth, Bingham McHale LLP, Indianapolis, IN, David Van Gilder, Van Gilder & Trzynka, P.C., Fort Wayne, IN, Attorneys for Appellant.

James A. Federoff, Jason M. Kuchmay, Federoff Law Firm, LLP, Fort Wayne, IN, Attorneys for Appellee.

OPINION

MATHIAS, Judge.

Flying J., Inc. ("Flying J") filed a petition for writ of certiorari in the Allen Superior Court seeking judicial review of the decision of the Board of Zoning Appeals of the City of New Haven ("the BZA") rejecting Flying J's development plan. The trial court reversed the decision of the BZA. The BZA appeals and presents two issues for our review, which we consolidate and restate as whether the trial court erred in concluding that...

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