Suess v. Vogelgesang

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that hardship exists when “the property for which variance is sought cannot reasonably be put to conforming use.”
• holding that because zoning regulations and restrictive covenants operate independently of each other, a petitioner who is otherwise entitled to a variance should not be denied a variance \merely because utilization of the grant may be in violation of private restrictive covenants\
• zoning variance was not invalid because it conflicted with existing restrictive covenant, but variance did not relieve real estate from covenant
• finding same where property at issue was zoned residential but “nearly impossible” to sell as it had been on the market unsuccessfully for a long time

Source: CourtListener parenthetical corpus (CC0).

Cited by

32 cases in this archive cite this case; the 20 most cited are listed.

• BELVOIR FARMS HOMEOWNERS ASSOC. INC. v. North
  Court of Appeals of Maryland· 1999-08-02· cited 71×
• Terpstra v. Farmers and Merchants Bank
  Indiana Court of Appeals· 1985-09-30· cited 58×
• Gordon E. Gouveia, Trustee in Bankruptcy for Kathleen Sue Hiles v. Barbara Tazbir
  Seventh Circuit· 1994-09-29· cited 55×
• Pulos v. James
  Indiana Supreme Court· 1973-10-30· cited 29×
• Bob Layne Contractor, Inc. v. Buennagel
  Indiana Court of Appeals· 1973-10-04· cited 25×
• Smith v. Chesapeake and Ohio Railroad Company
  Indiana Court of Appeals· 1974-05-30· cited 24×
• Sills v. Walworth County Land Management Committee
  Court of Appeals of Wisconsin· 2002-04-03· cited 24×
• In Re the Marriage of Ford
  Indiana Court of Appeals· 1984-11-07· cited 22×
• Maxey v. Board of Zoning Appeals
  Indiana Court of Appeals· 1985-07-24· cited 19×
• Randolph v. Wolff
  Indiana Court of Appeals· 1978-04-05· cited 17×
• Fail v. LaPorte Cty. Board of Zoning Appeals
  Indiana Court of Appeals· 1976-10-14· cited 16×
• Abney v. Abney
  Indiana Court of Appeals· 1978-03-27· cited 15×
• Ogden v. Premier Properties, USA, Inc.
  Indiana Court of Appeals· 2001-09-20· cited 12×
• Martel v. City of Vancouver
  Court of Appeals of Washington· 1983-07-05· cited 11×
• Singleterry v. City of Albuquerque
  New Mexico Supreme Court· 1981-04-03· cited 11×
• Trimble v. Trimble
  Indiana Court of Appeals· 1976-01-12· cited 10×
• Bowman v. Metropolitan Board of Zoning Appeals
  Indiana Court of Appeals· 1975-07-31· cited 8×
• Thomas B.H. v. Marion County Department of Public Welfare
  Indiana Court of Appeals· 1993-04-14· cited 8×
• Rural Acceptance Corporation v. Pierce
  Indiana Court of Appeals· 1973-07-25· cited 7×
• Highland Springs South Homeowners Ass'n v. Reinstatler
  Indiana Court of Appeals· 2009-06-16· cited 5×

Cites

12 cases in this archive are cited by this case.

• Michener Appeal
  Supreme Court of Pennsylvania· 1955-06-27· cited 97×
• City of East Chicago v. Sinclair Refining Co.
  Indiana Supreme Court· 1953-03-27· cited 72×
• Metro. Board of Zoning Appeals v. Standard Life Insurance
  Indiana Court of Appeals· 1969-09-30· cited 41×
• Lorland Civic Ass'n v. DiMATTEO.
  Michigan Court of Appeals· 1968-03-25· cited 30×
• Nelson v. THE BOARD OF ZONING APPEALS ETC.
  Indiana Supreme Court· 1959-11-25· cited 25×
• Kessler-Allisonville Civic League, Inc. v. Marion County Board of Zoning Appeals
  Indiana Court of Appeals· 1965-07-19· cited 23×
• Whiting v. Seavey
  Supreme Judicial Court of Maine· 1963-02-15· cited 18×
• Board of Zoning Appeals, Etc. v. Waskelo
  Indiana Supreme Court· 1960-06-20· cited 14×
• Devon Civic League, Inc. v. Marion County Board of Zoning Appeals
  Indiana Court of Appeals· 1967-03-15· cited 11×
• Capp v. LINDENBERG, ETC.
  Indiana Supreme Court· 1961-12-08· cited 9×
• Bd. of Zon. Ap. of City of Indpls. v. Filis
  Indiana Court of Appeals· 1965-05-05· cited 7×
• R. J. Realty, Inc. v. Keith
  Indiana Court of Appeals· 1969-09-22· cited 7×