ILNews

COA: Court should hear petition involving pet daycare

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals Thursday ordered a Marion County court to hear the merits of a hotel’s petition for judicial review of the zoning board’s decision to grant a variance to a develop a pet daycare facility next door to the hotel.

The Marion County Metropolitan Development Commission Board of Zoning Appeals granted Myers Y. Cooper Corp.’s request for a variance to build the pet daycare in Indianapolis. I-465 LLC, owner of an adjacent Hilton Homewood Suits Hotel, protested, arguing noise caused by the pets would disrupt guests. I-465 LLC’s parent company, HRC Hotels LLC, timely filed a petition for judicial review.

Myers Cooper claimed the parent company lacked standing to file the petition for judicial review. After the 30-day deadline to file a review petition had passed, HRC Hotels filed a motion to amend the petition to substitute I-465 LLC as the real party in interest. The trial court dismissed the petition, concluding HRC Hotels lacked standing to file the petition for judicial review, so the court lacked subject-matter jurisdiction.

The Court of Appeals reversed in HRC Hotels, LLC v. Metropolitan Board of Zoning Appeals Division II of Marion County, Indiana, Jeffrey R. Baumgarth and The Myers Y. Cooper Company, 49A04-1307-PL-313.

“Here, the fact that HRC Hotels lacks standing because it did not appear before the BZA is not a ‘real jurisdictional problem.’ We understand real jurisdictional problems to be when the trial court renders a decision in a case that it has not been granted the power to decide,” Chief Judge Nancy Vaidik wrote.

The lack of standing at the time the petition is filed is a procedural error, she continued, that does not deprive the court of jurisdiction to hear the petition. The trial court had subject-matter jurisdiction over HRC Hotels’ petition independent of whether HRC Hotels may have lacked standing when it filed its petition.

“Here, I-465 LLC, as the owner of the hotel adjacent to the Property, is a true owner of the right sought to be enforced. Moreover, HRC Hotels filed its motion to amend its petition and substitute I-465 LLC as the real party in interest exactly thirty days after Myers Cooper filed its motion to dismiss for lack of standing,” she wrote. “Because this Court allowed a substitution under Trial Rule 17(A)(2) sixty-four days after the defendant objected, we find a substitution after thirty days to be reasonable.”

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Being on this journey from the beginning has convinced me the justice system really doesn't care about the welfare of the child. The trial court judge knew the child belonged with the mother. The father having total disregard for the rules of the court. Not only did this cost the mother and child valuable time together but thousands in legal fees. When the child was with the father the mother paid her child support. When the child was finally with the right parent somehow the father got away without having to pay one penny of child support. He had to be in control. Since he withheld all information regarding the child's welfare he put her in harms way. Mother took the child to the doctor when she got sick and was totally embarrassed she knew nothing regarding the medical information especially the allergies, The mother texted the father (from the doctors office) and he replied call his attorney. To me this doesn't seem like a concerned father. Seeing the child upset when she had to go back to the father. What upset me the most was finding out the child sleeps with him. Sometimes in the nude. Maybe I don't understand all the rules of the law but I thought this was also morally wrong. A concerned parent would allow the child to finish the school year. Say goodbye to her friends. It saddens me to know the child will not have contact with the sisters, aunts, uncles and the 87 year old grandfather. He didn't allow it before. Only the mother is allowed to talk to the child. I don't think now will be any different. I hope the decision the courts made would've been the same one if this was a member of their family. Someday this child will end up in therapy if allowed to remain with the father.

  2. Ok attorney Straw ... if that be a good idea ... And I am not saying it is ... but if it were ... would that be ripe prior to her suffering an embarrassing remand from the Seventh? Seems more than a tad premature here soldier. One putting on the armor should not boast liked one taking it off.

  3. The judge thinks that she is so cute to deny jurisdiction, but without jurisdiction, she loses her immunity. She did not give me any due process hearing or any discovery, like the Middlesex case provided for that lawyer. Because she has refused to protect me and she has no immunity because she rejected jurisdiction, I am now suing her in her district.

  4. Sam Bradbury was never a resident of Lafayette he lived in rural Tippecanoe County, Thats an error.

  5. Sam Bradbury was never a resident of Lafayette he lived in rural Tippecanoe County, Thats an error.

ADVERTISEMENT