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ROGERS GROUP, INC. v. TIPPECANOE COUNTY

No. 79A02-1506-PL-694.

52 N.E.3d 848 (2016)

ROGERS GROUP, INC., Appellant-Plaintiff, v. TIPPECANOE COUNTY, Board of Commissioners of Tippecanoe County, and its commissioners, Tracy Brown, David Byers, and Thomas Murtaugh, in their official capacities, the Area Board of Zoning Appeals of Tippecanoe County, Steve Clevenger, President, in his official capacity; the Area Plan Commission of Tippecanoe County, Tim Shriner, President in his official capacity; and the Tippecanoe County Building Commissioner, Ken Brown, in his official capacity, Appellees-Defendants.

Court of Appeals of Indiana.

March 28, 2016.

Attorney(s) appearing for the Case

Christopher D. Shelmon , Andrew S. Gutwein , Michael R. Hartman , Gutwein Law, Lafayette, IN, Attorneys for Appellant.

Jay Seeger , Seeger and Forbes, Ryan C. Munden , Robert C. Reiling , Reiling Teder & Schrier, LLC, Lafayette, IN, Attorneys for Appellees.

Case Summary

Rogers Group, Inc., which seeks to build and operate a quarry on certain land in Tippecanoe County, filed a lawsuit challenging two county ordinances: one that prohibits new quarries within two miles of residential areas, and one that requires parties seeking to mine in a flood plain to first obtain a...

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