(DOWNLOAD) "State Ex Rel. Saylor Development Company" by 930 Supreme Court of Indiana No. 29 ~ eBook PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Saylor Development Company
- Author : 930 Supreme Court of Indiana No. 29
- Release Date : January 31, 1960
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
The relator, Saylor Development Company, Inc., is the owner of a sixty-eight-acre tract of land in the southern part of Marion County immediately adjoining a four-lane highway. This property was at one time zoned for agricultural use under the metropolitan master plan zoning ordinance. Thereafter, in order to permit the erection on the tract of a shopping center, the relator petitioned the Metropolitan Plan Commission of Marion County for an amendment of the zoning ordinance, which was granted. Frank Ketchum and others, who were part owners of property adjoining and in the neighborhood of the tract in question, brought an action in the Circuit Court of Marion County to enjoin the relator company from the use of the ground as proposed. The complaint alleged among other things, that the relator's threatened use of the tract would interfere with the enjoyment of such plaintiff's real estate and would constitute a nuisance, to the injury of such plaintiffs, for which an award of damages would not adequately compensate. The complaint further alleged that the purported amendment of the zoning ordinance for the proposed use as a shopping center was illegal and void for a number of reasons, among them, that the requisite statutory notice was not given to certain property owners. The relator and defendant below filed a motion in the circuit court to dismiss the action on the ground that the court did not have jurisdiction over the subject matter and upon the overruling of such motion, filed a petition in this court for a writ of prohibition against the circuit court. We issued a temporary writ at the time.