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TELL CITY BOARD OF ZONING APPEALS v. FRANZMAN

No. 1375A62.

346 N.E.2d 264 (1976)

TELL CITY BOARD OF ZONING APPEALS, Walter Lamastus, Secretary, Appellant (Defendant below), v. Paul FRANZMAN, Appellee (Plaintiff below).

Court of Appeals of Indiana, First District.

May 10, 1976.

Attorney(s) appearing for the Case

Ralph Zoercher, Zoercher, Becker & Huber, Tell City, for appellant.

S. Anthony Long, Scales & Long, Boonville, for appellee.

LYBROOK, Judge.

Defendant-appellant Tell City Board of Zoning Appeals (Board) appeals from a decision of the Perry Circuit Court reversing Board's denial of plaintiff-appellee Franzman's application for a zoning variance. During oral argument of this cause Board waived all alleged errors except the issue of whether the trial court exceeded the scope of judicial review in reversing the negative determination of Board.

The record reveals that Franzman is the...

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