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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  1. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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