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Friday, January 05, 2007
Ind. Decisions - "Court battle over, garage can stay"
"Court battle over, garage can stay: Indiana Supreme Court turns down case, appeals court ruling stands" is the headline to this just posted story from the Fort Wayne News Sentinel, written by Ryan Lengerich. The ILB has posted a number of entries on this case, access the list here.
From today's story:
The pole barn, detached garage – whatever it’s called – can stay.Jeff Rice can build his dream home.
A more-than-three-year battle between Rice and the Allen County Plan Commission ended – mostly – Thursday when the Indiana Supreme Court announced it would not consider the county’s appeal to have the garage torn down. The decision means Rice can keep his 3,600-square-foot garage at 11915 Auburn Road and build his $225,000 dream home as well.
“I am very happy that we won,” Rice said. “The ruling that we had today, it shows the plan commission had no case against us.”
That’s what the Supreme Court judges found unanimously, as well. The plan commission must now approve the Rices’ development plan for the house and garage at its Jan. 29 meeting, said Jim Federoff, the Fort Wayne-based attorney for Rice.
Robert W. Eherenman, the Haller & Colvin attorney on retainer for the plan commission, did not return calls placed to his office Thursday. * * *
The county has paid Haller & Colvin $23,320 for 170 hours of work related to the case since July 2004, based on documents from the Allen County Auditor’s Office.
Posted by Marcia Oddi on January 5, 2007 11:09 AM
Posted to Ind. App.Ct. Decisions