Board of Zoning Appeals v. Beta Tau Housing Corp.

YOUNG, Judge.

The Board of Zoning Appeals of the City of Valparaiso appeals a negative judgment imm an action to enjoin Beta Tau Housing Corporation from operating a fraternity house. The board claims the trial court erred in:

1) overruling the board's motion to strike Beta Tau's affirmative defenses and admitting evidence on such affirmative defenses;

2) finding the board was barred by laches and estoppel from enforcing the zoning ordinance against Beta Tau; and

3) finding Beta Tau's use of its real estate to be a nonconforming use. -

We affirm.

Beta Tau Housing Corporation owns and holds property…