Board of Zoning Appeals of Newburgh v. Eberle

NEAL, Judge.

STATEMENT OF THE CASE

Appellants-respondents W. T. Mayes and Joyce Mayes (Respondents) applied to the Town of Newburgh Board of Zoning Appeals (Zoning Board) for a home occupation special exception to the Town of New-burgh’s zoning ordinance to allow the use of a building on their premises as an automobile service garage. Upon the Zoning Board’s approval, appellees-petitioners Richard Eberle et a 1. (Petitioners) sought certiorari in the Warrick Circuit Court which found the action of the Zoning Board to be contrary to the ordinance, outside the Zoning Board’s jurisdiction,…