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Friday, January 13, 2006

Ind. Law - Lauth sues over Crown Point Plan Commission denial

The last ILB entry on this topic was Jan. 5th, including a quote from the Gary Post-Tribune that began:

CROWN POINT — New zoning laws aimed at keeping big-box retail out of the city apparently hasn’t deterred Lauth Development Group.

The Indianapolis company said Wednesday it still plans to purchase the 50-acre site at Interstate 65 and U.S. 231 for a shopping center. The company’s initial site plans were denied after it was revealed Wal-Mart was being considered as an anchor.

“Lauth Property Group still intends to buy the property ... as such, we will continue to work with the city of Crown Point and Mayor Dan Klein about a mutually beneficial project,” said Joe Downs, Lauth’s vice president of retail development.

Today's Munster (NW Indiana) Times, in a story by Allison Fashek, reports:
CROWN POINT | A developer is seeking judicial review of the Crown Point Plan Commission's denial of approval for its site plan involving retail shops -- and potentially a Wal-Mart -- off Interstate 65.

Lauth Property Group filed a writ of certiorari in Lake Superior Court on Wednesday, 30 days after the Plan Commission voted down the plan called "The Shops at East Point."

Crown Point City Attorney Rich Wolter, who hadn't seen a copy of the filing yet, said Lauth's attorney, Alan Townsend, of Bose McKinney & Evans LLP in Indianapolis, contacted him about it Wednesday.

"We feel that the Plan Commission acted properly and within the law," Wolter said Thursday. * * *

Though Lauth first appeared before the Plan Commission seeking site plan approval in September, members put off voting on the project, citing the city's need to pass I-65 design guidelines and plan a Mississippi Street route.

In the meantime, the city passed an ordinance forcing developers wanting to build retail stores 75,000 square feet and larger in a business district to go to the Board of Zoning Appeals and City Council for a special use. Lauth's plans included two anchor stores, one 203,000 square feet and another 88,400 square feet.

For earlier ILB coverage, type "big box" in the search box in the right column.

Posted by Marcia Oddi on January 13, 2006 08:33 AM
Posted to Indiana Law