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ENGLISH v. CITY OF CARMEL

No. 2-378A104.

381 N.E.2d 540 (1978)

Edward ENGLISH and Mary Jane English, Appellants (Plaintiffs below), v. CITY OF CARMEL, Indiana, Victor Vancauwenbergh, As Building Commissioner of the City of Carmel, Indiana, and City Council of the City of Carmel, Indiana, Appellees (Defendants below).

Court of Appeals of Indiana, Second District.

October 24, 1978.

Attorney(s) appearing for the Case

Judith S. Proffitt of Campbell, Kyle & Proffitt, Carmel, for appellants.

Owen S. Kern, Indianapolis, for appellees.

SULLIVAN, Judge.

Edward and Mary Jane English (Landowners) appeal from the dismissal of their complaint filed in the Hamilton Superior Court seeking a mandatory injunction and declaratory judgment against the City of Carmel, Indiana.

On September 18, 1975, Landowners filed a Petition to Change Zoning Ordinance with the Building Commission of Carmel, seeking to obtain a change in the zoning, of approximately two acres, from "S-2" (single family dwelling) to...

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