Posted by: Patricia Salkin | August 27, 2017

IN Appeals Court Upholds Issuance of Improvement Location Permit Finding Moratorium Did Not Apply Since it Was Adopted Following the Filing

This case arose from Gurpreet Singh, as a principal and the registered agent of Appellant-Respondent Three Mile Properties, Inc., filing an application for an Improvement Location Permit (“ILP”). Through the ILP, Singh sought permission to build a gas station and convenience store on property located in the City of Indianapolis. The City’s Department of Code Enforcement (“DCE”) issued Singh ILP number 15-00384, which granted permission for the proposed development. Appellant-Respondent the Metropolitan Board of Zoning Appeals (“the BZA”) upheld the ILP’s issuance. Petitioners appealed the BZA’s decision to the trial court, which reversed the decision of the BZA.

On appeal, Three Mile contended that the trial court erroneously determined that the Application was not complete when filed, and that the trial court erroneously determined that a Moratorium Ordinance applied to the Application. The court found that Gurpreet, despite not being the owner of the property, was a registered agent of Three Mile, and therefore properly listed on the Application. Moreover, given the issuance of the ILP to “Three Mile Property—Gurpreet Singh,” it was clear that the agency recognized these facts and considered Three Mile as the equitable owner of the Property and applicant for the permit. Accordingly, the court held that the trial court erred in concluding that the Application was not complete because it was not filed by or on behalf of the owner of the property.

The Moratorium Ordinance at issue was approved by the City Council on April 20, 2015 and signed by the Mayor on April 29, 2015. As the Application was filed March 9, 2015, before the Moratorium Ordinance went into effect, the court found that the Moratorium Ordinance did not apply to the Application. The court therefore held that the trial court erred in finding to the contrary, and reinstated the decision of the BZA.

Metropolitan Board of Zoning Appeals Division III of Marion County v Traders Point Association of Neighborhoods, 2017 WL 3444496 (In App. 8/11/2017)


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

Categories

%d bloggers like this: