The Town of Chesterton Advisory Plan Commission (the Commission) appeals the trial court’s issuance of a Writ of Certiorari to the petitioners (collectively, the Neighbors) and the trial court’s Order vacating the Commission’s approval of the secondary plat for Rose Hill Estates Planned Unit Development (Rose Hill PUD) Lot 73. For our review, the Commission raises two issues: 1) whether the trial court erred in granting the Neighbors’ petition for writ of certiorari; and 2) whether the trial court erred in vacating the secondary plat. In addition, we address the following issue raised by the Neighbors: whether the Commission has standing to appeal the trial court’s orders.
Conclusion (slip op. at 16): The Commission has standing to pursue this appeal. The Neighbors’ petition for writ of certiorari alleged deficiencies in the August 15, 2002, approval of the Rose Hill PUD primary plat and was required by statute to be filed within thirty days of that approval. Because it was filed after the time allowed by statute, the trial court had no jurisdiction and its order vacating the secondary plat approval is reversed.
Key Analysis (slip op. at 7-8): By permitting appeals from the reversal of a decision of the plan commission, the legislature has conferred standing on the Commission . . . Further, if the Commission has standing to bring actions in the circuit or superior court to enforce any action under [chapter 36], the Commission also has standing to appeal a trial court’s decision vacating an action of the Commission.
DisclaimerADVERTISING MATERIAL www.boselaw.com/disclaimer
- Amish Litigants Forced to Honor Agreement
- Indiana Appellate Civil Case Law Summary (May 2012)
- U.S. Supreme Court Strikes Down FCC’s Indecency Determinations Against Fox And ABC
- Indiana Appellate Civil Case Law Summary (February 2012)
- Extraordinary Stay Against Newspaper Publication Should Raise Concern
- absolute privilege Advertising Injury Alternative Fee amish anonymous speech Antitrust Appeals Boehm Censorship CERCLA Class Actions Commercial Lines Policy Communications Law Defamation Discovery discovery tools Duty to Defend environmental cleanup FCC First Amendment Free Speech Indecency Indiana indiana court of appeals Indiana Supreme Court Internet Law Journalist's Privilege Justice Life Insurance Media Law Newsgathering objections public utility religious Res Judicata Sevnth Circuit sewer district Shepard Technology United States Supreme Court