ILNews

COA reverses trial court on Kroger building proposal

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals has ruled that the Town of Plainfield Plan Commission must provide The Kroger Co. with specific reasons its building plan was denied or allow Kroger to build a gas station as planned.

In The Kroger Co, et al. v. Plan Commission of the Town of Plainfield, Indiana, No. 32A04-1012-MI-751, Kroger appealed the trial court’s order granting summary judgment in favor of the plan commission, alleging the plan commission’s zoning ordinance does not satisfy the specificity requirement of the Zoning Enabling Act.  

Kroger owns and operates a retail store located at the intersection of State Road 267 and U.S. 40. On October 29, 2009, Kroger submitted a petition seeking approval of its plan to construct a fuel center on the western edge of its property. The plan commission denied that petition, stating the development was not appropriate to its surroundings, was not consistent with the intent and purpose of the Plainfield Zoning Ordinance, and would create a public safety hazard.

In support of its argument, Kroger cited Hendricks Cnty. Board of Comm'rs v. Rieth-Riley Construction Co., 868 N.E.2d at 852 (Ind. Ct. App. 2007),(citing T.W. Thom Const., Inc. v. City of Jeffersonville, 721 N.E.2d 319, 327 (Ind. Ct. App. 1999)), in which the Court of Appeals concluded that an ordinance lacked the necessary specificity and allowed the plan commission “unfettered power to deny development plans if it decides, by whim or otherwise, that the plan contravenes one of the factors listed in the Ordinance.”

But in Kroger, unlike in Rieth-Riley, the Plainfield Zoning Ordinance did provide Kroger with detailed information regarding what development requirements and factors the plan commission would consider when formulating its decision about whether to allow the proposed development, the court held. However, the appeals court held that in denying Kroger’s petition, the plan commission more or less replicated what was already established in the Plainfield Zoning Ordinance.

The appeals court stated that the commission’s findings do not provide sufficient details about why Kroger’s proposed development of a gas station was not appropriate to the site and its surroundings or consistent with the intent and purposes of the Plainfield Zoning Ordinance. Likewise, the findings do not inform Kroger how its proposed development would create a public safety hazard.

The COA remanded the matter to the trial court for further proceedings, holding that if the plan commission cannot provide specific reasons why Kroger’s development plan was denied, then it should grant Kroger’s request to build a fuel center.
 

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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

ADVERTISEMENT