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Thursday, September 16, 2004

Indiana Law - Reports of two SE Indiana land use disputes

Both stories are in today's Louisville Courier-Journal. The first is headlined "Charlestown denies zoning change sought for sale of land." Some quotes:

The Charlestown City Council has denied a zoning change requested by a New Albany couple who wanted a subdivision with 70 to 90 homes developed on Charlestown's northern border. By a 3-2 vote, the council decided Monday to reject the proposed change from agricultural to residential zoning. * * * The zoning denial restricts the Bachelders from seeking a similar change in the future. City Attorney Lonnie Cooper said he believes the restriction applies for 12 months.

Paul Primavera, a surveyor and engineer based in Corydon, handled some of the presentation for the Bachelders at the meeting. He said the zoning change would have fit with Charlestown's master plan, because the land is adjacent to property with an even denser residential classification. Primavera also worked on two larger proposals earlier this year that ran into problems with Charlestown's regulatory process. But he said those projects — by developers James Darnall and Greg Furnish, respectively — eventually received the city's blessing after their density was reduced. Joyce Bachelder said she and her husband plan to talk to their attorney before deciding how to proceed.

The second story is headlined "Greenville group sues to stop project." Some quotes:
Continuing an 18-month-long controversy, a group of Greenville-area residents filed suit yesterday asking the courts to overturn the approval of a 206-lot subdivision proposed for their area. The lawsuit, filed in Floyd Superior Court by the Greenville Concerned Citizens, claims the county Plan Commission made nine errors in approving the 98-acre Heritage Springs development last month. Commission President Paul Riggs said the issues raised in the suit were considered by the commission and shouldn't lead a judge to overturn the approval. "It sounds like a shotgun approach," Riggs said, "a last-ditch effort" to stop the subdivision. Anna Mae Gahlinger, the citizens' group president, said her members strongly oppose the subdivision because they believe it will destroy their rural lifestyle by turning the area into a transient, urban neighborhood of small houses and congested streets.
[Update 9/19/04] Make that three. The LCJ reports here today that:
Several residents along Utica Pike in Jeffersonville have gone to court to stop a developer from building 26 patio homes they say were illegally approved by city zoning officials and the Jeffersonville City Council.

Posted by Marcia Oddi on September 16, 2004 01:33 PM
Posted to Indiana Law