Legal Opinion

Benjamin v. City of West Lafayette

Indiana Court of Appeals

Decided November 30, 1998No. 79A04-9803-CV-124PublishedCited by 4 opinions

1Opinion of the Court

OPINION

BAKER, Judge.

Appellant-defendant, Mark E. Benjamin appeals the trial court’s judgment entered in favor of the City of West Lafayette (the City) for violating certain provisions of the City’s zoning ordinance which permitted no more than three unrelated adults to live in a single-family residence. While Benjamin presents numerous issues on appeal, we have consolidated them as follows: 1) whether the judgment was erroneous because the City failed to exhaust administrative remedies set forth in the zoning statutes prior to commencing the litigation in the trial court; 2) whether the…

2Cases cited12 opinions

  1. Moore v. City of East ClevelandSupreme Court of the United States · 1977
  2. Chidester v. City of HobartIndiana Supreme Court · 1994
  3. Austin Lakes Joint Venture v. Avon Utilities, Inc.Indiana Supreme Court · 1995
  4. Carpenter v. Whitley County Plan CommissionIndiana Court of Appeals · 1977
  5. Benefit Trust Life Insurance Co. v. WaggonerIndiana Court of Appeals · 1985

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3Cited by4 opinions

  1. Cracker Barrel Old Country Store, Inc. v. Town of Plainfield Ex Rel. Plainfield Plan CommissionIndiana Court of Appeals · 2006
  2. Ad Craft, Inc. v. AREA PLAN COM'N OF EVANSVILLEIndiana Court of Appeals · 1999
  3. GPI at Danville Crossing, L.P. v. West Central Conservancy DistrictIndiana Court of Appeals · 2007
  4. Weida v. City of West LafayetteIndiana Court of Appeals · 2008

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