Vogelgesang v. Metropolitan Board of Zoning Appeals

This case is a sequel to O’Banion v. State ex rel. Shively (1969), 146 Ind. App. 223, 253 N.E.2d 739, 20 Ind. Dec. 21, in which the Appellate Court affirmed a judgment enjoining operation of a liquor store at the northwest corner of the intersection of Clifton Street and West Thirty-Fourth Street in the city of Indianapolis. The injunction had been issued because (among other reasons) the proprietors had not obtained proper authority from the Metropolitan Board *301of Zoning Appeals as required by the Indianapolis Permissive Use Ordinance 64-1954.

The case at bar began when, thereafter, appellee…