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HRC HOTELS, LLC v. METROPOLITAN BD.

No. 49A04-1307-PL-313.

8 N.E.3d 203 (2014)

HRC HOTELS, LLC, Appellant/Petitioner v. METROPOLITAN BOARD OF ZONING APPEALS DIVISION II OF MARION COUNTY, Indiana, Jeffrey R. Baumgarth and The Myers Y. Cooper Company, Appellees/Respondents.

Court of Appeals of Indiana.

April 10, 2014.

Attorney(s) appearing for the Case

Libby Y. Goodknight , Krieg DeVault LLP, Indianapolis, IN, Blake P. Holler , Krieg DeVault LLP, Carmel, IN, Attorneys for Appellant.

Brian J. Tuohy , John J. Moore , Doninger Tuohy & Bailey LLP, Indianapolis, IN, Attorneys for Appellees Jeffrey R. Baumgarth and The Myers Y. Cooper Company.

Beth A. Garrison , Indianapolis, IN, Attorney for Metropolitan Board of Zoning Appeals Division II of Marion County Indiana.

OPINION

VAIDIK, Chief Judge.

Case Summary

Myers Y. Cooper Corporation ("Myers Cooper") requested a variance for its property to build a pet day-care facility. At the hearing, I-465 LLC, the owner of an adjacent Hilton Homewood Suites Hotel, protested due to the noise that would be caused by pets staying so close to its hotel. After the Marion County Metropolitan Development Commission Board of Zoning Appeals ("BZA") granted the variance, HRC Hotels...

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