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Zionsville wins in appeal of zoning dispute with airport authority

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The portion of Indiana Code that gives an airport authority the power to “fix and determine exclusively the uses” to which airport land may be put does not give the Hamilton County Airport Authority complete zoning jurisdiction over an airport it owns in Boone County, the Indiana Court of Appeals concluded.

The Hamilton County Airport Authority and the town of Zionsville are involved in litigation over whether the airport authority is subject to any Boone County zoning. The airport authority owns and operates the Indianapolis Executive Airport in neighboring Boone County. In 2004, the predecessor to the airport authority executed covenants to govern land use at the airport. The Boone County Commissioners and the county area plan commission allowed the airport authority’s predecessor to execute these covenants in exchange for creating airport districts as a category of use under the county zoning ordinance and designating the airport site for this purpose. The town of Zionsville reorganized with Eagle and Union townships into a single governmental entity known as the town of Zionsville.

In 2010, Zionsville’s planning director told the airport authority it needed approval prior to obtaining construction permits. The airport authority filed a complaint for declaratory judgment, in which the trial court ruled the airport authority had exclusive jurisdiction over land use, zoning and drainage; the Boone County and Zionsville ordinances are invalid as applied to the airport; and the covenants are invalid.

On appeal, Zionsville cited Indiana Code Chapter 36 in support of its argument that it has general zoning authority. The airport authority cited Indiana Code 8-22-3-11, which dictates airport authority powers, and specifically subsection 16, to support its argument it has separate statutory authority to exercise zoning jurisdiction.

The Court of Appeals reversed the trial court, citing City of Crown Point v. Lake County, 510 N.E.2d 684 (Ind. 1987).

“The Indiana Supreme Court has held that a general unit of government maintains zoning authority within its boundaries, even as to other general governments. It has also made clear that this authority cannot be employed for abusive or unreasonable interference,” wrote Senior Judge Randall T. Shepard in Town of Zionsville, Indiana and Zionsville Plan Commission v. Hamilton County Airport Authority, 49A05-1107-PL-374.  

The judges did not address the airport authority’s arguments that the covenants are no longer valid because that issue has not been briefed.

 

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  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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