Justia Zoning, Planning & Land Use Opinion Summaries

The Supreme Court affirmed the judgment of the trial court in favor of Reagan Outdoor Advertising in this appeal from the determination that Reagan's billboard had lost its legal nonconforming status, holding that the trial court correctly entered judgment for Reagan.An ordinance of the city of Noblesville bans pole signs, which are signs affixed to poles or other uprights installed in the ground. Reagan, whose billboards the city classifies as pole signs, was allowed signs to remain that pre-dated the ordinance if they were kept in good repair and not relocated. When Reagan repaired damage to one of the billboard's support posts the city issued a stop-work order before Reagan could reattach the sign's display, concluding that Reagan had relocated the sign, which therefore lost its legal nonconforming status. The zoning board of appeals affirmed, but the trial court reversed. The Supreme Court affirmed, holding that the ordinance's use of the word "relocate" was ambiguous and, consistent with this Court's interpretative canons, must be resolved in Reagan's favor. View "Noblesville Indiana Board of Zoning Appeals v. FMG Indianapolis, LLC" on Justia Law

The Supreme Court reversed the judgment of the trial court reversing the order of the City of Bloomington Board of Zoning Appeals (BZA) affirming the decision of the City of Bloomington citing UJ-Eighty Corporation for a zoning violation, holding that there were not constitutional violations in this case.UJ-Eighty owned a fraternity house at Indiana University (IU) in Bloomington that was located within a district zoned by the City to permit limited residential uses. UJ-Eighty leased its house to an IU-sanctioned fraternity, but before the lease ended, IU revoked its recognition and approval of the fraternity, which meant that no one could live there. Bloomington cited UJ-Eighty for a zoning violation when two residents remained in the house. The BZA affirmed. UJ-Eighty appealed, arguing that the City impermissibly delegated its zoning authority to IJ by allowing it unilaterally to define fraternities and sororities. The trial court agreed and struck down the ordinance's definition of fraternities and sororities under the state and federal constitutions. The Supreme Court reversed, holding that Bloomington did not violate the Fourteenth Amendment because the ordinance was not an impermissible delegation of power or a denial of due process. View "City of Bloomington Board of Zoning Appeals v. UJ-Eighty Corp." on Justia Law

In this municipal-annexation case, the Supreme Court affirmed the judgment of the trial court against the Town of Brownsburg, holding that a trial court hearing a remonstrance proceeding on judicial review must consider the evidence submitted by both the municipality and the remonstrators.In 2013, the Town adopted an ordinance to annex 4,462 acres of property adjacent to the Town. A group of affected landowners acting through a political action committee remonstrated, seeking a declaration that the Town did not meet the statutory annexation requirements. The trial court entered judgment for the Remonstrators and against the Town, determining that the Town had not met all statutory requirements for annexing the proposed territory. The Supreme Court affirmed, holding (1) on appellate review, the reviewing court asks not whether the record supports the municipality's decision to enact the annexation ordinance but whether it supports the trial court's decision to uphold or reject the annexation; (2) a trial court assessing the legality of a disputed annexation must equally weigh and balance the evidence submitted by both sides; and (3) the trial court did not satisfy its threshold burden to prove it met the requirements of either Ind. Code 36-4-3-13(b) or (c). View "Town of Brownsburg, Indiana v. Fight Against Brownsburg Annexation" on Justia Law

In 2014, the Town of Fortville adopted an ordinance and resolution annexing 644 acres (the “Annexation Territory”) of land adjacent to the municipality. A number of landowners (“Remonstrators”) comprising ninety-three percent of the owners of parcels within the affected area filed a petition challenging the proposed annexation. The trial court entered judgment in favor of the Remonstrators and ordered that the annexation shall not take place, concluding that the Annexation Territory was not needed and could not be used by the municipality for its development in the reasonably near future. The Supreme Court affirmed, holding (1) the trial court fulfilled its obligation to consider only whether the statutory conditions for annexation had been satisfied; and (2) the trial court did not clearly err in upholding the remonstrance and denying annexation because Fortville failed to demonstrate that the Annexation Territory was needed and could be used for Fortville’s development in the reasonably near future. View "Town of Fortville v. Certain Fortville Annexation Territory Landowners" on Justia Law

In 2010, acting under the Government Modernization Act (GMA), the Town of Zionsville reorganized with the unincorporated areas of Eagle Township and all of Union Township. In 2013, the Town of Whitestown adopted an ordinance to annex certain territory in Perry Township. In 2014, the Perry Township adopted an ordinance proposing to reorganize with Zionsville. The Zionsville-Perry Reorganization plan was adopted by Zionsville and Perry Township in 2014. The Town of Whitestown sought judicial declarations that the Zionsville-Perry Reorganization plan was contrary to law. Zionsville counterclaimed, seeking a judicial declaration prohibiting Whitestown from pursuing its attempts to annex territory in Perry Township and Zionsville. The district court rejected the 2014 Zionsville-Perry Reorganization and approved Whitestown’s attempts to annex the territory in Perry and Zionsville, concluding that the 2014 Zionsville-Perry Reorganization was contrary to the GMA and therefore invalid. The Supreme Court reversed, holding that the 2014 Zionsville-Perry Reorganization was not prohibited and that Whitestown may not adopt annexation ordinances annexing territory in municipalities that are the result of completed reorganizations under the GMA. Remanded. View "Town of Zionsville v. Town of Whitestown" on Justia Law