Daily v. City of Columbus Board of Zoning Appeals

OPINION 1

KIRSCH, Judge.

Jim and Carol Daily ("the Dailys") appeal from the trial court's order affirming the City of Columbus Board of Zoning Appeals' ("the BZA") denial of the Dailys' temporary use application for a farmers' market on the 2.l-acre lot ("the 2.l1-acre lot") in Columbus, Indiana that they are purchasing on contract, in their action seeking declaratory judgment. The following issue is dispositive of this appeal: whether the trial court and the BZA erred by finding that the 2.1-acre lot was illegally created in 1973.

We reverse and remand for proceedings consistent with this…