ILNews

Builders want impact fee case dismissed

Michael W. Hoskins
January 1, 2008
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The Builders Association of Greater Indianapolis wants a lawsuit dismissed that involves the lawfulness of park impact fees in Zionsville.

Attorneys for BAGI filed a motion for summary judgment on March 5 in Builders Association of Greater Indianapolis v. Zionsville, which was filed in October 2006 and challenges the town's impact fee ordinance adopted in 2005.

Park impact fees go to recreational land and facilities necessitated by new residents, and are usually paid for by homebuilders when obtaining a building permit to construct a new home. The fee is often passed on to a new homeowner, typically at closing.

This suit, filed in Boone Superior Court, says that the fee of $1,862 per lot exceeds what Indiana Code allows. It asks the court to require Zionsville to instead establish a fee that conforms to state law, which states an impact fee on a development may not exceed the impact cost minus the sum of non-local revenues and impact deductions. The municipality argues the fee is consistent with the national standard.

A special judge determined Feb. 6, 2007, that BAGI has associational standing to sue Zionsville over the fees, and the trade organization is now asking for a dismissal in its favor.

In the motion, the group notes that Zionsville's impact fee is unlawful because new residents are paying the fee "not only for infrastructure that will serve them but for infrastructure that will serve future annexations of existing households."

The municipality has until early April to respond to the summary judgment motion.
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  1. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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