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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. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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