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Saturday, December 23, 2006

Ind. Decisions - "Judge gives RiverPlace green light: Ruling doesn't address issue of project's effect on White River"

"Judge gives RiverPlace green light: Ruling doesn't address issue of project's effect on White River" is the headline to a story today by Bruce C. Smith in the Indianapolis Star. Some quotes:

A Marion County judge has upheld a state-issued permit allowing a developer to press ahead with plans for RiverPlace, a huge residential and commercial real estate project along White River in Fishers.

Judge Michael D. Keele's eight-page ruling did not attempt to sort out conflicting opinions of engineers and other experts about whether changes to the river might cause flooding in Marion and Hamilton counties, as environmentalists fear.

Instead, the judge found that the Hoosier Environmental Council, which hopes to block the project, missed the chance to appeal the permit immediately after it was issued Aug. 26, 2005.

That permit allows Centre Properties to shift terrain on 15 acres in the flood plain to raise the elevation for part of RiverPlace.

State law allows 15 days for the public to ask for an appeal or administrative review. * * *

To have enough land for such a large project, Centre asked the state for permission to put fill dirt in about 15 acres of flood plain and to improve the flow of the river by scooping out an additional channel in that area.

The dispute began several years ago. Centre initially was denied its permit, but the developer presented engineering data that convinced state experts the work could be done without harm to the river.

In his ruling, the judge granted a summary motion requested by Centre's attorneys and upheld the deal that the state and the developer negotiated.

Indianapolis attorney Jeffrey B. Hyman, representing the environmental council, said the organization is weighing whether to continue its fight to the Indiana Court of Appeals.

"We still believe the (government's) procedure was incorrect and illegal," he said.

Donna C. Marron, an attorney for Centre, said the ruling "recognizes the process and procedures that citizens must follow to challenge a state agency's actions." * * *

WHAT'S NEXT: Indianapolis-based Centre Properties is proposing one of the largest developments in fast-growing Hamilton County on a site of nearly 70 acres on the northwest corner of 96th Street and Allisonville Road in Fishers. The site is zoned for commercial development, and Centre is asking for a rezoning to allow a variety of land uses, including office and residential. The Town Council is expected to consider the matter next month.

The ILB hopes to be able to post a copy of Judge Michael D. Keele's opinion (Marion Superior Court, Civil F12, Environmental Court). Please contact me if you can help.

Posted by Marcia Oddi on December 23, 2006 09:48 AM
Posted to Environment | Ind. Trial Ct. Decisions