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Friday, October 13, 2006
Ind. Decisions - More on: "Ruling paves way for Danville asphalt plant"
Updating yesterday's entry, Josh Duke of the Indianapolis Star reports today:
Hendricks County leaders will respond Tuesday to a judge's ruling that reversed the county's denial of an asphalt plant near Danville.
Rieth-Riley Construction scored a major victory last month when Matthew Kincaid, a special judge from Boone County, threw out the county Plan Commission's May 2005 decision. The planners denied Rieth-Riley's construction plans for a $3 million hot-mix asphalt plant off County Road 200 East near U.S. 36, just south of the IMI/Irving Materials concrete facility.County Commissioner David Whicker said county officials met this week to discuss options. Commissioners plan to announce their next move at a 9:30 a.m. Tuesday meeting. Those options include an appeal. * * *
In rejecting the proposed hot-mix plant, the planners relied on a little-used provision of the county's zoning ordinance that requires it to consider "whether the proposed development advances the general welfare of the community and neighborhood."
Kincaid ruled that the county zoning ordinance must stay within state guidelines, which don't allow a ruling based on the general welfare of the community. Kincaid called the county's decision invalid and illegal and ruled that the plan commission must approve Rieth-Riley's development plans.
The plan commission's 2005 denial came despite the Indiana Department of Environmental Management's conclusion that the plant would not pose significant air pollution or health hazards. Rieth-Riley's attorneys argued that the proposal fits within the area's heavy industrial zoning. The property is surrounded by a landfill, railroad and concrete mixing facility.
[emphasis added]
Posted by Marcia Oddi on October 13, 2006 12:18 PM
Posted to Ind. Trial Ct. Decisions