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SIWINSKI v. TOWN OF OGDEN DUNES

No. 64S03-1010-CV-599.

949 N.E.2d 825 (2011)

Steven SIWINSKI and Lauren Siwinski, Appellants (Defendants below), v. Town of Ogden DUNES, Appellee (Plaintiff below).

Supreme Court of Indiana.

June 29, 2011.

Attorney(s) appearing for the Case

Nelson D. Alexander , Carl W. Butler , Maggie L. Smith , Indianapolis, IN, Attorneys for Appellants.

Jan M. Carroll , Paul L. Jefferson , Indianapolis, IN, L. Charles Lukmann, III , Charles F.G. Parkinson , Chesterton, IN, Attorneys for Appellee.

DAVID, Justice.

The Town of Ogden Dunes sued the homeowners for a permanent injunction and monetary fines, alleging the home-owners' short-term rental of their home was a violation of the town's ordinance against commercial use of property.

Facts and Procedural History

Steven and Lauren Siwinski (the Siwinskis) own a home at 126 Shore Drive in Ogden Dunes, Indiana. According to the zoning maps, the house...

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