Field v. AREA PLAN COM'N OF GRANT CTY., IND.

MILLER, Judge.

Lewis Field appeals the judgment of the Grant Circuit Court finding him in violation of the Marion, Indiana Area-Wide Zoning Ordinance — Master Plan Ordinance 23-1974 (Ordinance) which prohibits maintenance of a “junkyard” in a residential zone without first obtaining a special exception. The trial court ordered Field to remove the offending material and permanently enjoined him from permitting similar material to accumulate.

On appeal, the following issues are presented for review:

1) Did the trial court err in denying Field’s motion to dismiss the complaint pursuant to Ind.…