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STATE OF INDIANA ) IN THE MORGAN SUPERIOR COURT <br /> ) SS: <br /> COUNTY OF MORGAN ) CAUSE NO. 55DO1-9809-MI-461 <br /> <br /> JAMES REMSTER and <br /> JULIE REMSTER, <br /> <br /> Plaintiffs, <br /> V. <br /> <br /> MOOKESVILLE PLAN COMMISSION, <br /> <br /> Defendant. <br /> <br /> ORDER <br /> <br /> Come now Plaintiffs, by counsel, and having filed their Petition to Exclude Submission <br /> of Record and Motion for Judgment on the Pleadings; and <br /> <br /> The Court being duly advised in the premises now finds that the relief prayed for therein <br /> should be granted. <br /> <br /> The Court NOW FINDS AND ORDERS as follows: <br /> <br /> 1. That the Mooresville Board of Zoning Appeals has failed and refused to respond <br /> <br /> to this Court's Writ of Certiorari issued December 28, 1998. <br /> <br /> 2. That as a sanction for the Board's failure and/or refusal to comply with the Writ, <br /> <br />'this Court now ORDERS that the Board of Zoning Appeals is hereby precluded fi.om introducing <br />any evidence in support of their decision. <br /> <br /> 3. Based upon the pleadings of the Plaintiffs and the failure of the Board to present <br /> <br />any evidence in support of their decision, the Court finds that there is a lack of substantial <br />evidence to support the Board's decision and now ORDERS the Mooresville Plan Commission <br />to approve the Minor Plat Application of James and Julie Remster filed with the Mooresville <br />Plan Commission on ~ -/3-~' under Application No. ~> <br /> <br /> <br />