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Saturday, November 27, 2010
Ind. Gov't. - "Town of Burns Harbor in court against itself Monday"
Updating this ILB entry from Oct. 17, 2010, Paulene Poparad of the Chesterton Tribune had this new story on Nov. 26th. A few quotes:
Opposing lawyers square off Monday in court over the Burns Harbor Town Council’s challenge to the town Board of Zoning Appeals’ Aug. 24 decision allowing expansion of the CR England midwest regional truck terminal.A 250 semi-truck parking lot and guardhouses were approved for land on the west side of Indiana 149 south of Tech Drive. Several conditions including installation of a new traffic signal at the intersection were tied to the 3-2 BZA approval.
Attorney Terry Hiestand, representing England and other property owners drawn into the litigation, and attorney Brian Hurley representing the BZA both have filed motions seeking to have the Town Council’s appeal dismissed.
Sept. 22 attorney Thomas Mixdorf of Ice Miller LLP of Indianapolis filed on behalf of the town, its council, two residents and 11 businesses asking Porter Superior Court Judge Mary Harper to review the record in the BZA case, and to remand it back to the board with instructions England’s special exception and two variances be denied.
Ice Miller maintains England should have filed for a rezoning, not a special exception, to expand its site in a special-use district, and that it incorrectly described its business as a “freight terminal", which is defined as using various forms of transportation and providing multimodal shipping capabilities such as rail, truck and air. * * *
In Hurley’s response on behalf of the BZA, he too questioned why no one involved with the town or its council challenged the BZA decision to have England apply for a special exception/variances instead of a rezoning at the time that decision was made this summer.
Typically, town administrative remedies should be exhausted before lawsuits are filed.
Hurley also tackled the issue of standing contending that a town as a political subdivision cannot and should not attempt to overturn BZA action. “Indiana law does not allow an executive-legislative body to overrule a quasi-judicial Board of Zoning Appeals decision.”
Posted by Marcia Oddi on November 27, 2010 11:30 AM
Posted to Indiana Government