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BOARD OF COM'RS OF LaPORTE COUNTY v. TOWN & COUNTRY UTILITIES

No. 46A04-0212-CV-585.

791 N.E.2d 249 (2003)

BOARD OF COMMISSIONERS OF LaPORTE COUNTY, Indiana and LaPorte County Board of Zoning Appeals, Appellants-Defendants, v. TOWN & COUNTRY UTILITIES, INC., Appellee-Plaintiff, Kingsbury Utility Corporation, Intervenor.

Court of Appeals of Indiana.

July 10, 2003.

Attorney(s) appearing for the Case

Michael A. Wukmer, Terri A. Czajka, Scott D. Matthews, Ice Miller, Indianapolis, IN, Shaw Friedman, Robert Szilagyi, Schoof Szilagyi & Davis, LaPorte, IN, Attorneys for Appellants.

James W. Kaminski, Matthew J. Hagenow, LaPorte, IN, Intervenor Kingsbury Utility Corporation.

Richard W. Paulen, James W. Tuesley, Barnes & Thornburg, Elkhart, IN, Attorneys for Appellee.

OPINION

SHARPNACK, Judge.

The Board of Commissioners of LaPorte County, Indiana, ("Board of Commissioners") and the LaPorte County Board of Zoning Appeals ("BZA") appeal the trial court's grant of summary judgment to Town and Country Utilities, Inc., ("Town and Country"). The Board of Commissioners and the BZA raise two issues, which we restate as:

I. Whether the Board of Commissioners acted within its statutory authority when it adopted Section...

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