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Absence of a plan foils development proposal

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A plan commission did not overstep its authority when it turned down a proposal to build a 300-unit apartment complex, in part, because the developer did not submit a preliminary plan for the project.  

Brookview Properties LLC filed a development plan with the town of Plainfield for a multi-family housing complex in the 25-acre Hearthview parcel of the Metropolis Plan Unit Development.

After a public hearing, the commission denied Brookview’s petition.

A trial court entered a judgment in favor of the commission, but Brookview appealed to the Indiana Court of Appeals claiming the plan commission exceeded its authority when it decided the apartment was inappropriate for the Metropolis PUD.

To support its argument, Brookview pointed out that only the Plainfield Town Council has the power to zone. The plan commission serves an advisory role and has no ability to create zoning districts or rezone land.

However, Brookview does not dispute the commission’s contention that approval of a preliminary plan is required to determine a use for the Hearthview parcel. Since no preliminary plan was approved, the parcel had not designated use.

The plans filed with the PUD do not meet the requirements for a preliminary plan and, a commissioner member noted, Brookview’s petition contained only a concept plan.

Although Brookview argued there is no significant difference between a concept plan and a preliminary plan, the Indiana Court of Appeals declined to ignore the distinction.

“Each of Brookview’s arguments on the issue of whether the Hearthview parcel is designated multifamily is based on the premise and contingent on a determination that a preliminary plan had been approved,” Judge Edward Najam wrote in Brookview Properties, LLC and First Merchants Bank of Central Indiana v. Plainfield Plan Commission, 32A04-1312-PL-606. “We hold that the evidence and reasonable inferences therefrom show that no preliminary plan was approved for the Hearthview parcel, and without a preliminary plan, there was no designated land use for that parcel.”
 

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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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