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Thursday, August 25, 2005
Ind. Law - Zoning dispute in Lake County over whether request was denied
The Munster (NW Indiana) Times has a story today about a zoning dispute, headlined "Concrete controversy goes to court". Some quotes:
Bruce Lambka filed a petition on behalf of Tim Heidbreder asking the court to reverse a decision the Crown Point Board of Zoning Appeals made in July. The board voted to uphold the city's denial of Heidbreder's request for a building permit at 1010 Millennium Drive. * * *According to Lambka, state law holds that a special-use request, which is needed to build a concrete plant in the city, is deemed approved 90 days after the Board of Zoning Appeals makes its recommendation, unless the City Council votes to deny it. The Board of Zoning Appeals recommended approval of the special-use permit for Prairie Material's proposed plant on March 28, and the City Council voted to grant the special use April 4. Klein's veto, Lambka has argued, only deprived the City Council's vote of any legal effect. Along that line of thinking, Lambka said Heidbreder should have been granted his special use on June 26 and should be free to build his own plant.
During the July zoning board meeting, Assistant City Attorney Pat Schuster said the city's position was that once the mayor vetoed the measure, it died. The City Council's failure to override the veto was equivalent to a denial, he said.
According to Lambka, the city has 20 days to respond to the petition.
Posted by Marcia Oddi on August 25, 2005 09:05 AM
Posted to Indiana Law