Affirms New Albany BZA’s denial of appellant’s application for conditional-use permit

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W. Houser Canter (“Canter”) appeals the trial court’s judgment affirming the New Albany Board of Zoning Appeals’ (“BZA”)2 denial of his application for a conditional use permit. On appeal, Canter asserts multiple issues:

(1) Whether the BZA’s denial of Canter’s Application for Conditional Use was based upon substantial evidence;
(2) Whether the BZA deprived Canter of his due process rights under the Fourteenth Amendment;
(3) Whether the trial court erred in denying Canter’s claim for inverse condemnation; and
(4) Whether the trial court erred in denying Canter’s claim for equitable estoppel.

Conclusion (slip op. at 13):  The BZA’s denial of Canter’s application was based upon substantial evidence. Neither the City nor the BZA denied Canter his right to due process. The trial court did not err in denying Canter’s claims for inverse condemnation and equitable estoppel.  Affirmed.

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Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
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