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Friday, February 10, 2006

Ind. Law - "Attorney: ‘You can’t zone out a business’"

"Attorney: ‘You can’t zone out a business’" is the headline to a story today in the Terre Haute Tribune-Star. Some quotes:

Many residents who crowded into West Terre Haute’s town hall Thursday night said the town should not spend money fighting a federal lawsuit that would be filed if the council denied the rezoning petition for a strip club at the edge of town.

About 50 people attended an informational meeting about possible ramifications if the council denied the rezoning petition for Club Koyote at 121 Paris Ave.

Since 2004, the club has been fighting a lawsuit filed by the Vigo County Area Plan Commission alleging the club was not properly zoned for exotic dancing. In January, a rezoning petition was filed requesting to change from a C-2 community commercial district to a C-5 commercial entertainment district.

The commission gave the petition an unfavorable recommendation to the Town Council, which will decide Monday night whether to approve it.

Although West Terre Haute council members did not say how they will vote next week, town officials indicated the zoning would be approved.

“If the town board votes no on Monday, I would be shocked if we were not sued on Tuesday,” said town attorney Richard Shagley II. “In essence, it would be ‘zoning out’ and you can’t zone out a business.” * * *

The Town Council brought in former city of Indianapolis attorney Mark J. Crandley, who now works for Barnes & Thornburg, to explain the litigation process. Indianapolis constructed an ordinance and permit process regulating adult entertainment three years ago when the city had numerous adult bookstores, cabarets and drive-in adult theaters, he said.

Immediately after the ordinance was passed, a federal lawsuit was filed, he said. The city had proof that the businesses caused the crime rate to increase and public health safety to decrease and a federal judge eventually ruled in favor of the ordinance last year, Crandley said.

For background on "adult business" zoning, start with this 1/16/06 ILB entry.

Posted by Marcia Oddi on February 10, 2006 09:02 AM
Posted to Indiana Law