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Thursday, May 29, 2008

Ind. Courts - Who am I? Why am I here?

Joy Leiker of the Muncie Star-Press reports today:

WINCHESTER -- Where is the front of the Randolph County Courthouse?

The answer to that question could determine when construction of a two-story annex and renovation of the existing 131-year-old courthouse could finally begin.

It's the latest twist to an unending spiral of problems with the courthouse project. This one comes a week after the Board of Zoning Appeals denied a variance for the annex and courthouse. County commissioners had requested the variance because the structure will be too close -- less than 25 feet -- from the right of way on the south side of the downtown courthouse square. (The courthouse sits in the middle of downtown WInchester, nearly centered on a square.)

But the variance was rejected, and now it seems the county is going to settle this latest dispute with a legal fight, one that centers on finding the front of the building.

During a special commissioners meeting Wednesday night, County Attorney John Tanner contended the BZA misunderstood its own rules, and that the 25-foot setback applies only to the front of the courthouse. He said the front of the courthouse is on the east side and faces Main Street, since its address is 100 S. Main St. He wants a judge to decide for sure, and plans to file a writ of certiorari once the minutes to last week's BZA meeting are complete.

But Area Planning Executive Director Cathy Flatter disagreed with Tanner, and said the courthouse has not one front, but four -- one on each side of the courthouse square. In her loud exchange with Tanner, where each one interrupted the other to make a point, Flatter said the definition of frontage in the county code has nothing to do with a building's address.

"The courthouse has four front setback requirements because you have four streets," Flatter said.

And just as that was left unanswered Wednesday night, so was the question of what happens next.

See also May 20th ILB entry, headed "Setback requirement deals setback to Randolph County courthouse project".

Posted by Marcia Oddi on May 29, 2008 10:31 AM
Posted to Indiana Courts