Stuckman v. Kosciusko County Board of Zoning Appeals

SHEPARD, Chief Justice.

Plaintiffs Kosciusko County Board of Zoning Appeals and Papakeechie Protective Association brought an action for a permanent injunction against Ned, Bertha and Gary Stuckman, asserting that the defendants expanded a pre-existing, nonconforming use of their land as a automobile graveyard in an area zoned for residential use. The trial court found that the Stuckmans had impermissibly modified and expanded the nonconforming use of their land and issued a mandatory injunction. The Court of Appeals held that the Stuckmans had merely intensified a nonconforming use.…