Board of Zoning App. Etc. v. La Dow

The City of Mishawaka, Indiana, had an amendatory ordinance forbidding, among other things, gasoline filling stations from commercial zones in such city.

Appellees are the owners of certain lots situated in a commercial zone of the City of Mishawaka upon which they desired to build a filling station. They filed application for a building permit to erect a filling station on such property, which was refused because of the prohibition of said ordinance.

Appellees , appealed to the Board of Zoning Appeals, contending the amendatory ordinance violated §§21 and 23, Art. 1, of the Constitution of…