Legal Opinion

Columbus Board of Zoning Appeals v. Wetherald

Indiana Court of Appeals

Decided December 28, 1992No. 03A01-9204-CV-122PublishedCited by 19 opinions

1Opinion of the Court

RATLIFF, Judge.

STATEMENT OF THE CASE

The Columbus Board of Zoning Appeals, its individual members, and Steve Rucker (collectively “BZA”) appeal from a judgment reversing the BZA’s decision denying applications for zoning variances filed by Tom Wetherald. We reverse and remand.

ISSUES

We restate and consolidate the issues on appeal as:

•1. Is the instant appeal moot because the BZA failed to obtain a stay pending appeal, and in the interim, Wetherald obtained a building permit, completed improvements, and is currently operating his business on the lot in question in accordance with the trial…

Also in this document: Concurrence.

2Cases cited12 opinions

  1. Petrosky v. ZON. BD., UPPER CHICHESTER TP.Supreme Court of Pennsylvania · 1979
  2. Boffo v. Boone County Board of Zoning AppealsIndiana Court of Appeals · 1981
  3. Bartholomew County Hospital v. RyanIndiana Court of Appeals · 1982
  4. B & G Constr. Corp. v. Bd. of Appeals of the Vill. of AmityvilleNew York Court of Appeals · 1955
  5. Town of Merrillville Board of Zoning Appeals v. Public Storage, Inc.Indiana Court of Appeals · 1991

7 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Plumlee v. Monroe Guaranty Insurance Co.Indiana Court of Appeals · 1995
  2. City of Hobart Common Council v. Behavioral Institute of Indiana, LLCIndiana Court of Appeals · 2003
  3. Indiana State Ethics Commission v. NelsonIndiana Court of Appeals · 1996
  4. Ebzery v. City of SheridanWyoming Supreme Court · 1999
  5. Board of Zoning Appeals v. KempfIndiana Court of Appeals · 1995

14 more not listed; retrieve them via the Exa API.

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