Reversing order vacating secondary plat approval

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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.

(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.

About Bose McKinney & Evans LLP

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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