Brookview Properties v. Plainfield Plan Commission - 7/21/14

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Monday  July 21, 2014 
1:30 PM  EST

1:30 p.m. 32A04-1312-PL-606 . Brookview Properties, LLC and First Merchants Bank of Central Indiana petitioned the Town of Plainfield for approval of a Planned Unit Development ("PUD") preliminary plan and final detailed plan regarding a proposed apartment complex. The Plainfield Plan Commission denied that petition following a public hearing. Brookview and First Merchants filed a verified petition for judicial review, and the trial court affirmed the Plan Commission's denial of the development plans. Brookview and First Merchants appeal the trial court's judgment in favor of the Plan Commission and raise the following consolidated and restated issues for our review: whether the Plan Commission exceeded its authority when it denied the petition; whether the Plan Commission's findings are inadequate; whether the Plan Commission's decision violated their rights to due process; and whether the Plan Commission's decision constituted a taking in violation of the United States and Indiana constitutions.

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