COA: Dispute with camp should be heard in White County

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The YMCA Camp Tecumseh’s quest to stay a zoning decision that allows a confined feeding operation to set up shop next to the camp’s property should be heard in White County, not Carroll County where the camp is located, the Indiana Court of Appeals ruled.

The White County Board of Commissioners approved the rezoning of a tract of land in White County to allow more than 9,000 hogs in a confined feeding operation. Camp Tecumseh, located in Carroll County but on the county line, is adjacent to the parcel that contains the rezoned property.

The camp filed a petition for judicial review and stay of zoning decision in Carroll County against the White County Board of Commissioners. The board of commissioners filed a motion to dismiss, alleging Carroll County wasn’t a proper venue. The trial court denied the motion to transfer venue pursuant to Indiana Trial Rule 75, citing that Carroll County is a preferred venue because the petitioners are residents of that county.

“Though the Camp is clearly concerned about the anticipated future injury to its land in Carroll County as a result of the rezoning, this does not change the nature of the suit. The Camp’s cause of action is for judicial review of a White County ordinance rezoning White County land and will involve review of documents filed, proceedings held, and findings and decisions made only in White County,” Judge Ezra Friedlander wrote. “The Camp’s judicial review action does not relate to land in Carroll County for purposes of T.R.75(A)(2). Because Carroll County is not a county of preferred venue, the trial court erred by denying the motion for transfer of venue to White County. On remand, the Carroll Circuit Court is directed to grant the White County Board’s motion to transfer.”

The case is White County Board of Commissioners v. Y.M.C.A. Camp Tecumseh, Inc., 08A04-1401-MI-17.  



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  1. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  5. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.