Legal Opinion
City of Madison, Indiana v. William L. Demaree and Betty K. Demaree
Indiana Court of Appeals
Decided May 23, 2017No. Court of Appeals Case 39A01-1602-MI-401PublishedCited by 1 opinion
1Opinion of the CourtSharpnack, Senior Judge
Statement of the Case
The City of Madison appeals the trial court’s reversal of the Madison City Council’s denial of the Demarees’ application to rezone a piece of property. We reverse and remand with instructions to affirm the decision of the City Council.
Issue
The City presents one question for our review: whether the trial court erred by reversing the City Council’s decision to deny the Demarees’ application to rezone and, in doing so, applied an incorrect standard of review.
Facts and Procedural History
The Demarees own real property in Madison, Indiana that is zoned R4 (residential). In May…
2Cases cited6 opinions
- Front Row Motors, LLC and Jerramy Johnson v. Scott JonesIndiana Supreme Court · 2014
- Morton v. IvacicIndiana Supreme Court · 2008
- Borsuk v. Town of St. JohnIndiana Supreme Court · 2005
- City of Crown Point v. Misty Woods Properties, LLCIndiana Court of Appeals · 2007
- Judi Simek, and Scott Everett v. Christopher Nolan d/b/a Lakeside Farm, LLC, and William P. McCall, IIIIndiana Court of Appeals · 2016
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