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HOUSER ET AL. v. BD. OF COMM.

No. 268-S-25.

252 Ind. 312 (1969)

247 N.E.2d 675

HOUSER ET AL. v. BD. OF COMM. OF DeKALB CO. ET AL.

Supreme Court of Indiana.

Filed May 20, 1969.

Attorney(s) appearing for the Case

Philip Butler, Auburn, James R. Grossman, Fort Wayne, David B. Keller, Livingston, Dildine, Haynie & Yoder, of counsel, Fort Wayne, for appellants.

Warren G. Sunday, Auburn, for appellee, Board of Commissioners of DeKalb County.

Grant Van Horne, Auburn, for appellee, K.P. Sithen, Building Commissioner.

Winslow Van Horne, Auburn, for appellees, W.E. Hartung and Dorothy Hartung.

No petition for rehearing filed.

HUNTER, J.

This is the second of two cases which are concerned with the zoning classification of ten acres of farm land in DeKalb County, Indiana. In this case, the appellants seek relief on the grounds that the classification of these ten acres as "open industrial" constitutes "spot zoning" and is, therefore, in violation of the state's zoning laws. The trial court entered the following...

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