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TRIAL COURT DISMISSES ALL CLAIMS AGAINST PORTER TOWNSHIP IN ZONING LAWSUIT

Published: December 19, 2013

The plaintiff filed a variance request to build a residence on a vacant inland lake island. The Porter Township’s Zoning Board of Appeals (“ZBA”) denied the variance request, and the plaintiff filed a multi-count complaint alleging violation of due process, equal protection, and a takings claim. In dismissing the lawsuit in favor of the Township, the court affirmed the ZBA’s denial of the variance. The court also dismissed the plaintiff’s takings claim, finding that the island retained significant value as-is. Porter Township was represented by McGraw Morris P.C. attorney Craig R. Noland.

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