Legal Opinion

Common Council v. Fort Wayne Plan Commission

Indiana Court of Appeals

Decided December 13, 1982No. 3-282A21PublishedCited by 4 opinions

1Opinion of the Court

GARRARD, Judge.

The City Common Council appeals from a judgment wherein a tract of real estate was held to be rezoned by action of the Plan Commission.

The owner of real estate located at the intersection of Highways 14 and 24 in Fort Wayne sought a zoning classification that would have permitted the development of a shopping center on the property. In 1977 the Plan Commission voted to grant a permit to allow construction of the shopping center. Neighborhood residents sought review by writ of certiorari of the Plan Commission’s action. Subsequently, the trial court affirmed the Plan…

2Cases cited2 opinions

  1. Wildwood Park Community Ass'n v. Fort Wayne City Plan CommissionIndiana Court of Appeals · 1979
  2. Town of Merrillville v. CollinsIndiana Court of Appeals · 1978

3Cited by4 opinions

  1. Estate of Himelstein v. City of Fort WayneCourt of Appeals for the Seventh Circuit · 1990
  2. Estate of HimelsteinCourt of Appeals for the Seventh Circuit · 1990
  3. Greenbrier Hills, Inc. v. BoesIndiana Court of Appeals · 1985
  4. City of Anderson v. Irving Materials, Inc.Indiana Supreme Court · 1988

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