Lawmakers explore site readiness, regulations and demographics in first land use task force
A state task force focused on land use delved into site readiness, regulation challenges and demographic changes during its first meeting Friday.
zoning
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Hendricks County hog-farm fight gets even messier
Plaintiffs assert the defendants are pursuing litigation to retaliate and deter the Hoosier Environmental Council from helping residents of rural communities push back against “the powerful livestock industry” and protect themselves from the pollution caused by factory farms.
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Farm feud: CAFO challenge turns to U.S. Supreme Court
Hendricks County families who live with the odor from a nearby 8,000-hog farm for years have lost their nuisance, negligence and trespass claims against the concentrated animal feeding operation. After unsuccessfully seeking relief from the Indiana Court of Appeals and a divided Indiana Supreme Court, they are now turning to the U.S. Supreme Court.
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Articles
Split COA, reverses, remands in case involving home heights, view of Lake Michigan
A split Court of Appeals of Indiana reversed a motion to dismiss and remanded for further proceedings on whether an Ogden Dunes couple can build a house taller than 30 feet that would obstruct the lake view of the houses behind them.
COA upholds permanent injunction against brothers using property for trucking company
A permanent injunction preventing two brothers from using their property for their trucking business has been upheld, but the Court of Appeals of Indiana reversed the imposition of costs and fines in the case.
COA splits in dispute over repaired sign’s continued status under development ordinance
A split Court of Appeals of Indiana has found for a board of zoning appeals in a fight over whether the replacement and relocation of the supporting posts allowed a freestanding sign to keep its nonconforming status under a local ordinance.
Self-storage company didn’t have standing for judicial review of competitor’s zoning variance, COA affirms
A self-storage company that bemoaned its zoning board’s approval of a variance to allow a competitor to open a similar business down the road has failed to convince the Court of Appeals of Indiana that it had standing to seek judicial review of the case due to the potential loss of business.
Tax Court affirms Indiana Board order to reclassify Porter County couple’s land as agricultural
The Indiana Tax Court has affirmed a ruling on the assessment of a Porter County couples’ property, finding that their attempts to secure additional retroactive relief would provide them with an “end run” around the established rules of procedure for challenging the correctness of assessments.
Leverton: Unique legal consideration with industrial outdoor storage
By Justin Leverton Indianapolis is uniquely positioned as one of the top industrial markets in America. With its easy access to air, train and truck transport, it is one of the few industrial markets that was not seriously impacted by the Great Recession. Nowadays, the Indianapolis industrial market is booming, with few vacancies. A burgeoning […]
COA affirms denial of special exception for shooting range in residential area
A Huntington County man could not convince the Indiana Court of Appeals that the denial of his request for an exception to build a shooting range on his property was a mistake.
Judge grants The GOAT another hearing to determine if Carmel bar can stay in business
The GOAT restaurant and bar has won the latest round in its legal fight with Carmel, but the victory might prove to be short-lived.
COA affirms disputed votes in favor of Madison Co. solar farm
The votes of two Madison County Board of Zoning Appeals members regarding a disputed solar energy project were valid, the Indiana Court of Appeals has ruled. It also held that the board’s approval of special use applications and setback variances were supported by substantial evidence.
Indianapolis loses appeal of order to permit Hustler Hollywood store
The city of Indianapolis has lost its appeal in years-long litigation against Hustler Hollywood, which has been trying for more than four years to open a store in the Circle City. The Indiana Court of Appeals on Friday upheld a lower court ruling ordering the city to issue permits to the adult entertainment company.
Justices to hear arguments in med-mal case over hepatitis misdiagnosis
The Indiana Supreme Court has agreed to hear arguments in a case brought by a woman who was incorrectly told a hepatitis test was negative when the test revealed she was, in fact, hepatitis positive.
Finding consensus, struggling with conflict at legislative halfway mark
As Indiana lawmakers prepare for the second half of the session, several key issues are awaiting further review.
Justices reverse, find for Bloomington in ex-IU frat house spat
The Indiana Supreme Court on Tuesday reversed lower court decisions against the city of Bloomington, upholding zoning orders requiring residents to vacate a fraternity house that Indiana University no longer recognized. Justices noted the ruling may apply in college and university towns throughout the state.
60 executives urge lawmakers to resist ‘heavy-handed limits’ on Indianapolis government
Sixty business and not-for-profit executives are publicly criticizing the Republican-controlled General Assembly for action on multiple bills that would strip control away from Indianapolis city government.
COA rules against gun range owners despite officials’ failure to take oaths
Though certain Jefferson County officials failed to take their oaths of office, that failure does not invalidate the officials’ zoning complaint against a local couple, the Indiana Court of Appeals has ruled.
Scott County party barn lawsuit untimely, COA affirms
A panel of the Indiana Court of Appeals has affirmed for the Scott County Board of Commissioners and other defendants in a dispute brought by a farm owner who dislikes the idea of having a barn event venue constructed next to her home.
Charlestown, residents reach agreement in Pleasant Ridge code enforcement lawsuit
The nearly four-year legal battle over allegations that the southern Indiana city of Charlestown used unconstitutional code enforcement tactics to force a group of neighborhood residents out of their homes has been resolved with a settlement agreement requiring the city to act “reasonably” in its enforcement of local codes.
Plaintiffs in protracted CAFO litigation hit with counterclaim
Farmers and neighbors who battled over an 8,000-hog confined animal feeding operation in Hendricks County are starting a second round of fighting with the farmers filing a counterclaim, arguing the lawsuit brought by their neighbors and litigated for multiple years through four courts was “frivolous.”
Ruling for homeowner in Indianapolis code-enforcement case reversed
A court ruling in favor of a Lawrence homeowner who was investigated after reports that he was building a deck and an above-ground pool without city permits was reversed Monday. The Indiana Court of Appeals found judgment in the property owner’s favor was clearly erroneous.