ILNews

Court: Association has no standing to sue

Back to TopE-mailPrintBookmark and Share

The Indiana Court of Appeals affirmed a landowners association lacked standing to sue over the rezoning of property despite the argument that its claim survives under the "public standing doctrine."

In Liberty Landowners Association Inc. v. Porter County Commissioners and Northwest Indiana Health System, LLC, No. 64A03-0905-CV-213, Liberty Landowners Association appealed the trial court's dismissal of its complaint for declaratory judgment filed against the Porter County Commissioners regarding the rezoning of property to allow for construction of a hospital.

Liberty is a voluntary nonprofit community association that doesn't own any property or pay taxes. It argued at the rezoning hearing that conversion of the site from residential to institutional would violate the adjacent use specifications of the Porter County Unified Development Ordinances. The commissioners agreed the hospital would bring more taxes and jobs to the area, and adopted an ordinance rezoning the area.

Liberty claimed in its suit the rezoning was arbitrary and capricious because the commissioners didn't consider the impact of an institutional zone next to residential zones, and that one commissioner's vote was invalid due to a conflict of interest.

The trial court dismissed the complaint for lack of standing since Liberty doesn't own real estate within the requisite proximity to the rezoned land.

The Court of Appeals upheld the dismissal, noting that it's well settled that standing to challenge a zoning ordinance requires a property right or some other personal right and pecuniary injury not common to the community as a whole. Precedent has held that landowners associations lack standing to challenge zoning decisions, wrote Chief Judge John Baker.

But Liberty contended that they could sue under the "public standing doctrine." The association waived this argument because it didn't bring it up in the trial court, the appellate court ruled. However, even if the issue hadn't been waived, Liberty's argument would still fail. The public standing doctrine is limited to extreme circumstances and even when that claim is asserted, the party must still have some property right or some other personal right and a pecuniary interest, wrote the chief judge citing State ex rel. Cittadine v. Indiana Dept. of Transportation, 790 N.E.2d 978, 983 (Ind. 2003), and City of Hammond v. Board of Zoning Appeals, 152 Ind. App. 480, 490, 284 N.E.2d 119, 126 (1972).

In a final footnote, the appellate court also decided the trial court didn't err in failing to address Liberty's purported constitutional challenges because Liberty confined its challenge at the trial level to the propriety of the rezoning. Thus, it waived those claims on appeal.

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

  2. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  3. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  4. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  5. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

ADVERTISEMENT