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LUTZ v. NEW ALBANY CITY PLAN COMM.

No. 28,708.

230 Ind. 74 (1951)

101 N.E.2d 187

LUTZ ET AL. v. NEW ALBANY CITY PLAN COMMISSION ET AL.

Supreme Court of Indiana.

Rehearing denied November 21, 1951.

Attorney(s) appearing for the Case

William L. Mitchell, of Evansville, and Robert R. Kelso, of New Albany, for appellants.

Jacob G. Rudy, Richard C. O'Connor, Chester S. Wentzell, Paul J. Tegart; and Bulleit & Orbison (of counsel), all of New Albany, for appellees.

JASPER, J.

This appeal was taken from the judgment of the trial court, reviewing by certiorari the decision of the Board of Zoning Appeals of the City of New Albany, as provided under § 53-783, Burns' 1951 Replacement. The judgment of the trial court upheld the legality of the decision denying a variance by the Board of Zoning Appeals.

Appellants' sole assignment of error is the overruling of their motion for a new trial.

Appellants contend that...

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