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Tuesday, December 22, 2009

Ind. Decisions - "Flying J plans can proceed after high court ruling"

Kevin Leininger reports today in the Fort Wayne News Sentinel on the Supreme Court's action last Thursday denying transfer in the case of City of New Haven, et al. v. Flying J., Inc (see yesterday's ILB entry here). From today's story:

New Haven’s long-running battle against a proposed travel plaza has been dealt a setback by the Indiana Supreme Court.

The high court last week effectively upheld a ruling issued in January by Allen Superior Court Judge Nancy Boyer, who overturned the New Haven Board of Zoning Appeals’ 2007 denial of Utah-based Flying J. Inc. plans on the grounds that it was “arbitrary, capricious, not based on substantial evidence and not in accordance with the law.”

Flying J. attorney Jim Federoff said the decision allows the company to resubmit a development plan to New Haven officials, but was unsure when – or if – the company will do so. “The decision entered by Judge Boyer is final,” he said. Flying J filed for bankruptcy last year.

The BZA in December 2007 denied Flying J’s plan for a 17-acre travel plaza off Interstate 469 near Minnich Road and Indiana 930. Two years earlier, the company had proposed a convenience store, restaurant and fuel station, but the city said that plan was incompatible with the location, too.

Allen Circuit Judge Tom Felts subsequently upheld New Haven’s decision, but the state Court of Appeals later ruled in favor of the company. New Haven amended its zoning ordinance, precluding development of the plaza as originally designed. The company revised its development plan to be in line with the city’s new ordinance. But New Haven officials denied that, too, setting the stage for Boyer’s ruling.

When informed of the high court’s decision, New Haven Mayor Terry McDonald called it “ridiculous. What a sad day for America. If true, it means the courts are now running our community.”

Posted by Marcia Oddi on December 22, 2009 09:38 AM
Posted to Indiana Transfer Lists