(Download) "Halbert W. Kunz Et Al. v. Gerald C." by Court of Appeals of Indiana ~ eBook PDF Kindle ePub Free
eBook details
- Title: Halbert W. Kunz Et Al. v. Gerald C.
- Author : Court of Appeals of Indiana
- Release Date : January 02, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
This is an appeal from a judgment of the Marion County Superior Court which reversed a decision of the Metropolitan Board of Zoning Appeals of Marion County, Indiana. The appellees petitioned the Board for a variance to allow them to use their residentially zoned real estate for commercial purposes (i.e., the construction of a gasoline service station.) The Board, after proper notice and hearing, denied the requested variance. The owners of the real estate appealed this denial to the Marion County Superior Court, pursuant to I.C. 1971, 18-7-2-76, being Burns § 53-974, and that court reversed the Zoning Board and ordered the variance granted. The trial court, in ordering the variance granted, found that the Board acted illegally in denying the variance based on the evidence before it, and also injected a constitutional issue by holding:
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