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Wednesday, September 06, 2006

Ind. Courts - Interesting oral argument tomorrow before the Court of Appeals

The case is St. Charles Tower, Inc. v. Bd. of Zoning Appeals of Evansville and the oral argument will take place in the Supreme Court Courtroom, from 2 to 3 p.m. Here are some details:

Synopsis: St. Charles Tower, Inc. applied to the Board of Zoning Appeals of Evansville-Vanderburgh County for a special use permit and variance, both of which are necessary for the erection of a 185-foot wireless telecommunication tower in an area zoned as agricultural but surrounded by several residences.

The special use permit was denied, and St. Charles simultaneously withdrew its petition for a variance. On appeal, St. Charles claims that the Board of Zoning Appeals applied an improper legal standard by requiring the burden of proof for a variance instead of the burden of proof for a special use permit in reaching its decision, and that the decision is not supported by substantial evidence as required by the Telecommunications Act of 1996.

The Scheduled Panel Members are: Judges Riley, Bailey and May.

The argument will be viewable online via the Courts' oral arguments online site.

Two more Court of Appeals oral arguments are scheduled to be broadcast online this month: City of Carmel v. Certain Homeplace Annexation Territory on Sept. 27th (more info here), and Pricewaterhousecoopers, LLP v. James Massey, et al on Sept. 28th (more info here).

Posted by Marcia Oddi on September 6, 2006 04:36 PM
Posted to Ind. App.Ct. Decisions