Legal Opinion

Gary Board of Zoning Appeals v. Eldridge

Indiana Court of Appeals

Decided September 6, 2002No. 45A03-0109-CV-310PublishedCited by 7 opinions

1Opinion of the Court

OPINION

BAILEY, Judge.

Case Summary

The Gary Board of Zoning Appeals, board members in their official capacities, and the City of Gary, Indiana (collectively the BZA) appeal the Lake Superior Court’s reversal of the BZA’s grant of a variance to board member Willie Cook (Cook) to reduce the side yard setback requirement of the Gary Zoning Code. We reverse and remand. 1

Issues

The BZA presents three issues for review:

I. Whether the trial court erred in determining that the BZA decision was illegal due to an absence of adequate findings of fact to support the variance;

II. Whether the trial court…

2Cases cited4 opinions

  1. Day v. RyanIndiana Court of Appeals · 1990
  2. Schlehuser v. City of SeymourIndiana Court of Appeals · 1996
  3. Northern Indiana Public Service Co. v. DozierIndiana Court of Appeals · 1996
  4. Brownsburg Conservation Club, Inc. v. Hendricks County Board of Zoning AppealsIndiana Court of Appeals · 1998

3Cited by7 opinions

  1. State v. Economic Freedom FundIndiana Supreme Court · 2011
  2. Burcham v. Metropolitan Board of Zoning Appeals Div. I of Marion CountyIndiana Court of Appeals · 2008
  3. City of Crown Point v. Misty Woods Properties, LLCIndiana Court of Appeals · 2007
  4. Riverside Meadows I, LLC v. City of Jeffersonville, Indiana Board of Zoning AppealsIndiana Court of Appeals · 2017
  5. Metropolitan Board of Zoning Appeals v. LaneIndiana Court of Appeals · 2003

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