Chizum v. Elkhart County Plan Commission

This is an appeal from a decree permanently enjoining an allegedly illegal expansion of a legal non-conforming use of land. Appellee, the plan commission, brought the action against the appellants who are the owners of land at Osceola in Elkhart County. Their residence, in which an insurance agency is operated, is located thereon. The owners purchased the land in 1954. At that time there was an airport on the land which had been in use since 1947, and was still in use at the time of trial. The owners have farmed most of the land since 1955 and in 1959, they constructed a drag strip on which…