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Sunday, April 17, 2005

Ind. Decisions - More on "associational standing" question in Floyd subdivision suit

On April 2 the ILB had an entry on a suit involving whether a citizens' group has the right to sue the Floyd County Plan Commission in an effort to overturn its approval of a subdivision near Greenville.

Here is the trial court's answer, in this story by Ben Zion Hershberg published April 16 in the Louisville Courier Journal. The headline: "Greenville group gets OK to sue: Subdivision plan faces more battles." Some quotes:

A judge has ruled that the Greenville Concerned Citizens group can sue the Floyd County Plan Commission for approving a subdivision near Greenville.

Special Judge Daniel Donahue issued the ruling in Floyd Superior Court on Thursday. In the past, Indiana courts have not granted citizen groups the right to take legal action in planning and zoning issues. * * *

Opposition to the Greenville group suing the Plan Commission was initiated by Thieneman Development, Wilson said. The company argued that the citizens group didn't have the legal right to sue, based on numerous decisions in which Indiana courts said that in order to sue in planning and zoning cases, someone must be directly harmed by a planning agency's decision.

Thieneman's lawyer, Greg Fifer, and Wilson argued at hearings that the not-for-profit organization doesn't own any property that would be affected by Heritage Springs. They also said its lawyers didn't identify its members or show how they would be affected by the subdivision.

Gillenwater argued that a January ruling by the Indiana Court of Appeals changes the legal framework for such lawsuits. In that case, the appeals court said Save the Valley, a citizen group, had the right to take legal action for its members against the Clifty Creek power plant near Madison.

Even though that wasn't a planning and zoning case, Gillenwater argued, the questions raised about its right to sue are similar to the Greenville group's lawsuit. [Judge]Donahue didn't explain his decision.

Thanks to the reader who sent me this news and who has promised to forward a copy of the judge's ruling, if and when it is avaiable.

Posted by Marcia Oddi on April 17, 2005 02:41 PM
Posted to Ind. Trial Ct. Decisions | Indiana Law