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Special judge invalidates local impact fee

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In the first court decision of its kind in Indiana, a special judge has invalidated Zionsville's parks impact fee because it violates state statute.

Boone Superior Special Judge Rebecca McClure granted summary judgment Friday in favor of the Builders Association of Greater Indianapolis in the case of BAGI v. Zionsville Plan Commission, et al., No. 06D01-0610-PL-0380, ruling that the town's 2005 ordinance establishing a park impact fee doesn't comply with the impact-fee statute requirements outlined in portions of Indiana Code Section 36-7-4.

In March, attorneys for BAGI filed a motion for summary judgment in the case that was filed in October 2006 and challenged the local fee of $1,862 per lot. The association argued the amount exceeds what state statute allows and asked the court to require Zionsville to instead establish a fee conforming to Indiana law.

Park impact fees go to recreational land and facilities necessitated by new residents. The fees are usually paid for by homebuilders when obtaining a building permit to construct a new home; the fee is often passed on to a new homeowner, typically at closing. Statue says that an impact fee on a development may not exceed the impact cost minus the sum of non-local revenues and impact deductions.

In her ruling, Judge McClure noted that the municipality's utilization of the "national average" in determining the local impact fee fails to comply with state law.

Attorney Bryan Babb, who represented the builders association, credited Judge McClure for a fine job on a difficult issue of first impression.

"This is the first ruling that has interpreted the Impact Fee Statute to invalidate an impact fee," he said.

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

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  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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