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GIBSON v. EVANSVILLE VANDERBURGH BLDG. COMM.

No. 87A01-9902-CV-40.

725 N.E.2d 949 (2000)

David GIBSON and Nancy Gibson, Appellants-Plaintiffs, v. EVANSVILLE VANDERBURGH BUILDING COMMISSION and The Evansville Vanderburgh Area Plan Commission, Appellees-Defendants.

Court of Appeals of Indiana.

March 29, 2000.

Attorney(s) appearing for the Case

Leslie C. Shively, Fine & Hatfield, P.C., Evansville, Indiana, Attorney for Appellant.

D. Timothy Born, Shawn M. Sullivan, Terrell, Baugh, Salmon & Born, LLP Evansville, Indiana, Attorneys for The Evansville Vanderburgh Area Plan Commission.

Joseph H. Harrison, Jr., Cedric Hustace, Bowers, Harrison, Kent & Miller, Evansville, Indiana, Attorneys for Evansville Vanderburgh Building Commission.

OPINION

STATON, Sr. Judge

David and Nancy Gibson ("the Gibsons") appeal from the entry of summary judgment in favor of the Evansville Vanderburgh Building Commission ("Building Commission") and the Evansville Vanderburgh Area Plan Commission ("APC"). The Gibsons raise two issues for our review, which we restate as:

I. Whether the Building Commission's and the APC's motions for summary judgment were...

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