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Thursday, August 18, 2011
Ind. Decisions - Court of Appeals issues 1 today (and 1 NFP)
For publication opinions today (1):
In The Kroger Company, et al. v. Plan Commission of the Town of Plainfield, Indiana, a 13-page ruling, Judge Bradford writes:
Appellants-Petitioners The Kroger Company and Kroger Limited Partnership I (collectively “Kroger”) appeal the trial court's order granting summary judgment in favor of Appellee-Respondent Plan Commission of the Town of Plainfield (“Plan Commission”). Concluding that the Town of Plainfield Zoning Ordinance (“Plainfield Zoning Ordinance”) meets the specificity requirement of the Zoning Enabling Act but that the Plan Commission's findings are not sufficient to support the denial of Kroger's Plan Approval Petition (“Petition”), we reverse and remand to the trial court for further proceedings consistent with this opinion. * * *NFP civil opinions today (1):
Upon remand, we instruct the trial court to remand the instant matter to the Plan Commission to allow the Plan Commission the opportunity to amend, if possible, the issued findings to provide sufficient specificity to explain how Kroger's Petition failed to meet the requirements of the Plainfield Zoning Ordinance so that Kroger may have the opportunity to attempt to amend its Petition to comply with the Ordinance. However, we note that the Plan Commission must refrain from issuing any additional unrelated findings. See id. (providing that a plan commission may not raise asserted defects in a piecemeal fashion). In addition, we remind the Plan Commission that approval of a petition that meets the requirements of the Plainfield Zoning Ordinance constitutes a ministerial as opposed to a discretionary act. See id. at 1148. Therefore, if the Plan Commission is unable to amend its findings to explain with specificity how Kroger's Petition failed to meet the requirements of the Plainfield Zoning Ordinance, the Plan Commission should grant Kroger's Petition.
Company v. Review Board (NFP) is notable for its concurring opinion:
ROBB, Chief Judge, concurringNFP criminal opinions today (0):
I concur fully in the resolution of the merits of this case, but for the reasons stated in Moore v. Review Bd., No. 93A02-1005-EX-529, slip op. at 5-8 (Ind. Ct. App., Aug. 12, 2011), I would identify the employer and employee in this case by full name rather than by generic descriptors.
Posted by Marcia Oddi on August 18, 2011 10:23 AM
Posted to Ind. App.Ct. Decisions