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Denial of recorded Vanderburgh ‘river camps’ lots affirmed

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“River camps” along the Ohio River that date back to the 1930s may not be divided as lots of record based on the testimony of longtime residents, the Indiana Court of Appeals ruled Tuesday, affirming a judgment of the Vanderburgh Circuit Court.

Judge Terry Crone wrote for the panel that the plain meaning of the term “of record” requires some sort of documentation in the public record of a plat or deed. Vanderburgh’s zoning ordinances took effect in 1957, and longtime residents testified that configuration of the camps had remained essentially unchanged since then.

When an attorney attempted to prepare a deed to sell one of the river camps to a longtime tenant, she ultimately was informed that there was no way to record the deed to comply with zoning without “horrendous” penalties.

In Rollett Family Farms, LLC. v. Area Plan Commission of Evansville-Vanderburgh County, Vanderburgh County Board of Commissioners, and Vanderburgh County Recorder, 82A01-1301-PL-43, Crone wrote that because Rollett was unable to provide recorded documentation of the camps’ boundaries, the appeals court could grant no relief.

“Rollett is not being prevented from using the property in the same way that it did prior to 1957; it is being prohibited from creating new nonconforming lots that were not formally or legally established prior to 1957,” Crone wrote.

“In sum, we conclude that a lot of record must be documented by a public record such as a recorded deed or plat. Because there is no evidence that the boundaries of the camps are set forth in any public record, the trial court correctly found that the exemption does not apply. Therefore, we affirm the judgment of the trial court.”

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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