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HOWARD v. ALLEN COUNTY BD. OF ZONING

No. 02A04-1301-PL-27.

991 N.E.2d 128 (2013)

Michael HOWARD, Appellant-Petitioner, v. ALLEN COUNTY BOARD OF ZONING, Appeals and Alvin Schmucker, Appellee-Respondent.

Court of Appeals of Indiana.

June 24, 2013.

Attorney(s) appearing for the Case

Andrew P. Simmons , Van Gilder & Trzynka, P.C., Fort Wayne, IN, Attorney for Appellant.

Robert W. Eherenman , Haller & Colvin, P.C., Fort Wayne, IN, Attorney for Appellee Allen County Board of Zoning Appeals.

OPINION

BRADFORD, Judge.

Appellant-Petitioner Michael Howard appeals the trial court's dismissal of his petition for judicial review of the decision by Appellee-Respondent the Allen County Board of Zoning Appeals ("the Board") to grant a use variance for property owned by Appellee-Respondent Alvin Schmucker. The trial court determined that it lacked jurisdiction to hear the case because Howard failed to timely file the board record or timely request an extension...

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