Strange v. BOARD OF ZONING APPEALS OF SHELBY COUNTY

RATLIFF, Judge.

ON PETITION FOR REHEARING

Strange contends that our decision handed down in this case on September 22, 1981, found at 425 N.E.2d 720, is erroneous. Upon a closer reading of the statute we agree. Therefore, we vacate our earlier opinion and grant Strange’s Petition for Rehearing in order to issue a new opinion.

STATEMENT OF CASE

Gary M. Strange appeals from a judgment of the Shelby Circuit Court upholding the Shelby County’s Board of Zoning Appeals’ denial of his application for a variance. We reverse.

FACTS

Strange applied for a variance on October 9, 1979, seeking permission to…