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Court: Association has no standing to sue

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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.

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

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  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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