Kanizer v. State ex rel. Aukerman

STATEMENT OF THE CASE

RATLIFF, Judge.

Ed Kanizer, II, et al. ("Kanizer'") appeals the trial court's denial of his request for attorney's fees upon the vacation of the trial court's temporary writ of prohibition ("Writ") entered against the Vermillion County Board of Zoning Appeals ("BZA"). The Writ was initiated upon the application of the appellee, Malcolm H. Aukerman. We affirm.

ISSUE2

We consolidate and restate the issues on appeal as follows:

Did the trial court correctly refuse to award Kanizer attorney's fees incurred in quashing the writ of prohibition?

FACTS

The largely undisputed facts…