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TOWN OF ZIONSVILLE v. HAMILTON CTY. AIRPORT

No. 49A05-1107-PL-374.

970 N.E.2d 185 (2012)

TOWN OF ZIONSVILLE, Indiana, and Zionsville Plan Commission, Appellants-Defendants, v. HAMILTON COUNTY AIRPORT AUTHORITY, Appellee-Plaintiff.

Court of Appeals of Indiana.

June 20, 2012.

Attorney(s) appearing for the Case

Jeffrey C. McDermott , Robert S. Schein , Libby Y. Goodknight , Krieg DeVault LLP, Carmel, IN, Attorneys for Appellants.

Bryan H. Babb , Stephen C. Unger , Bose McKinney & Evans LLP, Indianapolis, IN, Attorneys for Appellee.

Robert A. Duncan , Norris Choplin Schroeder LLP, Indianapolis, IN, Attorney for Amici Curiae.

OPINION

SHEPARD, Senior Judge.

The Hamilton County Airport Authority owns an airport located next door in Boone County, within the Town of Zionsville. The Authority contends that it is not subject to any Boone County zoning or to the covenants it executed to obtain airport zoning from Boone County. The trial court agreed.

The Indiana Supreme Court has held that a general unit of government maintains zoning authority within its boundaries, even as...

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