Wednesday, October 29, 2014
Ind. Decisions - "Appeals court clears way for Broad Ripple development" Why is this NFP?
Good Earth Natural Foods, and Patrick Skowronek v. Metropolitan Development Commission, City of Indianapolis and Broad Ripple Associates, Llc. (NFP), decided yesterday by the Court of Appeals, is the subject of several stories today, including this one from WISHTV8. From the story:
[The opinion] upholds the dismissal of a lawsuit brought by Good Earth Natural Foods and nearby resident Patrick Skowronek, who filed an appeal in March over the granting of a zoning change to the project last year. The appeal was dismissed by a Marion County judge over the summer because required paperwork wasn’t submitted by court-imposed deadlines.As the news reports attest, this decision was a matter of public interest. Further, the Court itself had decided the issues warranted oral argument:
The appeals court concurred with that decision on Tuesday, clearing the way for demolition by Indianapolis-based Browning Investments to begin.
The $30 million development has drawn criticism from some Broad Ripple residents and nearby business owners as being out of character with the neighborhood. It includes 120 apartments, a four-story parking garage and a grocery store — at one time believed to be a Whole Foods, though that’s not certain now. The project would be backed by Tax Increment Finance District funding. Developers have argued it will spur further economic development and revitalize the area.
Skowronek, and others living in apartments just east of 64th Street and College Avenue near the canal are in the path of the project, and were issued notices of lease termination in August. They have until Oct. 31 to move out.
Oral argument was conducted on October 1, 2014. We thank counsel for the helpful discussion of the issues presented in this case.