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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. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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