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Tuesday, June 12, 2007

Ind. Decisions - Lake County zoning dispute comes to end

Friday the ILB noted that the Supreme Court had failed to grant transfer in the case of Heidbreder, Inc. v. Bd. of Zoning Appeals of City of Crown Point. Today Marisa Kwiatkowski reports:

CROWN POINT | Mayor Dan Klein lost a legal battle over his power to veto.

The state Supreme Court denied Crown Point's request to transfer an Indiana Court of Appeals case over construction of a concrete plant in Millennium Park after oral arguments Thursday.

The denial upholds the Court of Appeals' ruling that Klein lacked the power to veto the City Council's approval of a special-use permit for construction of a Redi-Mix plant in developer Tim Heidbreder's industrial park. * * *

Heidbreder's plans were thwarted in April 2005 when Klein vetoed the council's approval of a resolution to allow petitioner Prairie Material to build the concrete plant on Millennium Drive, south of the Brookside subdivision. Nearby residents vehemently opposed the development.

The City Council failed to secure a two-thirds majority vote to override Klein's veto.

Heidbreder's application for a building permit to begin construction on the plant was denied by the city in June 2005. His petition to overturn the denial was voted down by the Crown Point Board of Zoning Appeals.

Heidbreder challenged the city's decision in Lake Superior Court, but lost.

In December, Indiana's Court of Appeals reversed the lower court's ruling, saying the Lake Superior Court erred when it found that the general zoning statute governing counties did not apply to municipalities such as Crown Point.

Assistant City Attorney Pat Schuster filed a petition to transfer the case, saying city officials thought the mayor's veto powers were improperly stripped by the Court of Appeals.

The state Supreme Court's denial of transfer also could have implications in Heidbreder's separate federal lawsuit.

Lambka said the lawsuit seeks "unspecified damages" from Klein and the city for money Heidbreder said he lost when the city illegally denied him permission to build the concrete plant.

Here is a list of earlier ILB entries on this case.

Posted by Marcia Oddi on June 12, 2007 07:34 AM
Posted to Ind. Sup.Ct. Decisions