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Thursday, January 16, 2014

Ind. Decisions - Court of Appeals issues 1 today (and 3 NFP)

For publication opinions today (1):

In Floyd County and Floyd County Plan Commission v. City of New Albany and New Albany City Plan Commission, a 19-page opinion, Judge Robb writes:

The City of New Albany and the New Albany City Plan Commission (collectively, the “City”) sought a declaratory judgment regarding whether it or Floyd County and the Floyd County Plan Commission (collectively, the “County”) has zoning jurisdiction over an unincorporated area (the “fringe area”) outside the City limits. The trial court granted summary judgment for the City. The County appeals, raising several issues for our review which we consolidate and restate as two: 1) whether the trial court erred in determining as a matter of law that the County is not entitled to claim zoning jurisdiction over the fringe area pursuant to Indiana Code section 36-7-4-205(e), and 2) if the trial court did not err, whether the County’s consent is required for the City to exercise jurisdiction pursuant to Indiana Code section 36-7-4-205(f). The City cross-appeals, contending the trial court abused its discretion in striking a supplemental affidavit it submitted after the summary judgment hearing.

Concluding the supplemental affidavit could be, and in fact was, considered by the trial court, and that as a matter of law, the County is not entitled to exercise jurisdiction over the fringe area, nor is it required to consent to the City’s exercise of jurisdiction, we affirm. * * *

The City’s supplemental affidavit was properly considered by the trial court and is therefore before this court, as well, in considering the summary judgment motions. Because the County has a population of less than 95,000, Indiana Code section 36-7-4-205(f) determines which entity is entitled to exercise jurisdiction over the fringe area, and because the City is providing municipal services to the fringe area, it is entitled to the exercise of jurisdiction without the necessity of County approval. The judgment of the trial court in favor of the City is therefore affirmed.

NFP civil opinions today (0):

NFP criminal opinions today (3):

Chauncey Krantz v. State of Indiana (NFP)

Ronald Lemon v. State of Indiana (NFP)

Jack Perkins, III v. State of Indiana (NFP)

Posted by Marcia Oddi on January 16, 2014 10:55 AM
Posted to Ind. App.Ct. Decisions