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METROPOLITAN BD. OF ZON. APP. OF MARION CO. v. RUMPLE

No. 471A83.

274 N.E.2d 727 (1971)

METROPOLITAN BOARD OF ZONING APPEALS OF MARION COUNTY, Second Division, et al., Defendants-Appellants, v. Paul V. RUMPLE, Plaintiff-Appellee.

Appellate Court of Indiana, Division No. 1.

November 10, 1971.

Attorney(s) appearing for the Case

Harold H. Kohlmeyer, Jr., Arthur H. Northrup, Indianapolis, for defendants-appellants.

Paul V. Rumple, Max Rynearson, Indianapolis, for plaintiff-appellee; Rynearson & Rumple, Indianapolis, of counsel.

ROBERTSON, Judge.

Judgment was rendered by the trial court reversing the appellant Board's denial of a variance as follows:

"The Court having examined the petition, the writ and the briefs and being duly advised in the matter, now finds that the decision of the Board is contrary to law and the evidence and the same is hereby reversed."

TR. 52, which had been in effect eleven [11] months at the time of judgment, states:

"FINDINGS BY THE COURT...

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