BME wins appeal of trial court’s prohibition of enforcement of Carmel zoning ordinance

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Sullivan, Justice.

The City of Carmel enacted an ordinance regulating mining within the City. The trial court prohibited enforcement of the ordinance based on the argument of Martin Marietta Materials, Inc., a mining concern, that the City did not follow the statutory requirements applicable to enacting zoning ordinances. We find that the City was not required to utilize the zoning process in order to regulate mining in this way.
Conclusion (slip op. at 13):  The decision of the trial court is reversed.


Key Analysis
(slip op. at 6, 9, 10):  We do not agree with Martin Marietta’s view that the language of title 36, article 7 indicates that the General Assembly intended to subject the regulation of mining exclusively to the zoning process . . . a unit may, but is not required to, use the zoning process to regulate mining . . . I.C. § 36-8-2-4 and the Home Rule Act authorize the City Council to regulate mining without diminishing the exclusive authority of zoning procedures with respect to dictating what type of land use is permitted and where.
Shepard, C.J., and Dickson, Boehm, and Rucker, JJ., concur.

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