7th Circuit affirms city blocking strip club plans
Plans to open a strip club called “Showgirl” in Angola have been blocked for more than three years, but the 7th Circuit Court of Appeals found the city and courts were within their rights to do so.
zoning
Articles
Snarky former prosecutor no match for plan commission
A former prosecuting attorney who denied the truckloads of dirt dumped on his Boone County farm caused drainage problems got buried under a $519,400 fine.
Bingham partner Solada key player in zoning disputes
Mary Solada has built a reputation as one of Indianapolis’ top real estate attorneys by representing large developers on important zoning matters.
Justice Boehm gets nod for special redistricting commission
Former Indiana Supreme Court Justice Ted Boehm has been given a seat on the special committee set to examine gerrymandering, a common political manipulation that he once called toxic.
Kennedy named to Redistricting Committee
The former executive director of the Indiana Civil Liberties Union has been appointed to a special committee charged with examining the method Indiana uses to draw legislative and congressional districts.
COA reverses ruling in favor of couple who kept alpacas in residential area
The Indiana Court of Appeals held Tuesday that a Lake County court erred when it denied the county’s request for an injunction to prevent a couple from keeping alpacas on their property to raise for business purposes.
Failure to file board record dooms claim for judicial review
A company that did not file the board record or request an extension of time to file the record within 30 days as required by the applicable judicial review statute should not have been allowed to proceed with its request for judicial review, the Indiana Court of Appeals held. The judges reversed the denial of the town of Pittsboro’s request to dismiss Ark Park LLC’s claims.
Court erred in affirming decision new seawall must be removed
The Indiana Court of Appeals has reversed the portion of a trial court’s order that affirmed the decision by a board of zoning appeals denying a company’s request for a variance which allowed its newly completed seawall to remain intact. The judges found Caddyshack Looper LLC demonstrated that strict application of the setback requirement will result in practical difficulties.
Appeal aims to block planned 4,000-hog facility
A group of homeowners wants a county judge to block a southern Indiana farmer from being allowed to build a facility that would house 4,000 hogs.
Appeals court weighing Indiana strip club dispute
A federal appeals court is now considering whether northeastern Indiana city officials acted properly when they prevented a strip club from opening.
COA reverses ruling against Carmel in building dispute
A Carmel couple who successfully sued the city that at first permitted construction of an accessory building that neighbors later complained was taller than zoning codes allowed lost Friday at the Indiana Court of Appeals.
COA: Court should hear petition involving pet daycare
The Indiana Court of Appeals Thursday ordered a Marion County court to hear the merits of a hotel’s petition for judicial review of the zoning board’s decision to grant a variance to a develop a pet daycare facility next door to the hotel.
Opinion affirms New Albany has zoning jurisdiction over fringe area of county
In a dispute between the city of New Albany and Floyd County concerning which entity has zoning jurisdiction over an unincorporated area outside city limits, the Indiana Court of Appeals affirmed summary judgment for the city.
Refusal to remove biased board member ends potential administrative remedies
After finding that the exhaustion of administrative remedies was excused for a company seeking to operate a stone quarry because a drainage board member was biased against the project, the Indiana Court of Appeals ruled the trial court acquired subject matter jurisdiction and properly denied the board member’s motion to dismiss.
Company loses inverse condemnation claim
The 17-month period beginning when a Terre Haute Board of Zoning Appeals ordered a company seeking a special exception to provide public water to surrounding homes and ending when that condition was overturned by a judge did not constitute inverse condemnation, the Indiana Court of Appeals held Wednesday.
Regulations are few, but food trucks do have laws and codes to meet
Take a food truck to Chicago and you may be required to attach a GPS tracking device to it. Park a food truck in Indianapolis and enjoy being able to do business in an environment of few regulations.
Legal nullity sends zoning decision back to BZA
The Indiana Court of Appeals ruled that a matter brought by the owners of a cottage on Lake Gage in Steuben County be remanded to the Steuben County Board of Zoning Appeals because the BZA’s decision granting the homeowners a development standards variance with a void condition was a legal nullity.