Legal Opinion
Metropolitan Development Commission of Marion County v. I. Ching, Inc.
Indiana Court of Appeals
Decided May 16, 1984No. 4-283A56PublishedCited by 2 opinions
1Opinion of the Court
*499OPINION ON REHEARING
YOUNG, Judge.
The Metropolitan Development Commission of Marion County (the Commission) brought this appeal from the trial court's denial of the Commission's petition to enjoin I. Ching, Inc., from violating the Marion County zoning ordinance. In our decision handed down on March 28, 1984, 460 N.E.2d 1286, we reversed, holding that I. Ching's failure to exhaust its administrative remedies by seeking a variance barred it from raising in court a defense that the zoning ordinance was unconstitutional as applied. We accordingly remanded the matter to the trial court for further…
2Cases cited8 opinions
- Perez v. United States Steel Corp.Indiana Supreme Court · 1981
- Carlton v. Board of Zoning AppealsIndiana Supreme Court · 1969
- Boffo v. Boone County Board of Zoning AppealsIndiana Court of Appeals · 1981
- Honey Brook Township v. AlenovitzSupreme Court of Pennsylvania · 1968
- Metropolitan Board of Zoning Appeals v. GravesIndiana Court of Appeals · 1977
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3Cited by2 opinions
- Union Carbide Corp. v. State Board of Tax CommissionersDistrict Court, S.D. Indiana · 1993
- Citizens Action Coalition of Indiana, Inc. v. Public Service Co. of IndianaIndiana Court of Appeals · 1991