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PEQUINOT v. ALLEN CTY. BD. OF ZONING APP.

No. 3-582A94.

446 N.E.2d 1021 (1983)

Mildred PEQUINOT, Coalition for the Environment, Inc., Tennis Mahoney, Jane H. Dustin, Don Goss and Ron Wynn, Plaintiffs-Appellants, v. THE ALLEN COUNTY BOARD OF ZONING APPEALS, Midwest Aggregates Corporation and C.K. Stewart, Defendants-Appellees.

Court of Appeals of Indiana, Third District.

April 7, 1983.

Attorney(s) appearing for the Case

Robert J. Parrish, Ernest M. Beal, Jr., Peters, Terrill, Parrish & Larson, Thomas J. Blee, Burt, Blee, Hawk & Sutton, Fort Wayne, for plaintiffs-appellants.

James A. Federoff, Raver & Federoff, Fort Wayne, for Allen County Bd. of Zoning Appeals.

William L. Sweet, Jr., John F. Lyons, Barrett, Barrett & McNagny, Fort Wayne, for Midwest Aggregates Corp. and C.K. Stewart.

GARRARD, Judge.

The appellants challenge a special exception granted to Midwest Aggregates Corporation permitting it to construct and operate an asphalt plant at its quarry site.

Midwest Aggregates Corporation (Midwest) operates a gravel quarry in southwest Allen County. In 1979 Midwest wanted to construct and operate an asphalt plant at the quarry site. Midwest filed with the Allen County Board of Zoning Appeals (Board) an application for a special exception...

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