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> controversial complex going through
Southsider2k12
post Mar 5 2008, 02:16 PM
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http://thenewsdispatch.com/main.asp?Sectio...ArticleID=10624

QUOTE
Council Fails To Stop Complex Near MCHS
Court of Appeals dismisses city’s attempts to halt mixed-income apartment building.

Jason Miller
The News-Dispatch

MICHIGAN CITY - The controversial mixed-income apartment building proposed for across from Michigan City High School looks like it will be built after the Indiana Court of Appeals dismissed attempts by the Michigan City Common Council to stop it.

"The trial court was correct in concluding that the Common Council lacked standing to challenge the (Board of Zoning Appeals') ruling and to seek disannexation of the subject land," the court stated in its conclusion. "We affirm the dismissal of the petition ..."

The appeals court last week upheld a La Porte Superior Court decision to dismiss the council's attempts to reverse the BZA's decision to grant a building permit and its attempt to reverse the annexation, saying the city has no standing to make such moves.

State law says both issues must be taken up by citizens, not by a governmental board claiming to represent "aggrieved" citizens. In making its decision, the appeals panel pointed to case law from a similar, yet decades-old, case from Indianapolis.

"In the 35 years since we decided (the Indianapolis case), neither the General Assembly nor our Supreme Court have deemed it necessary to 'correct' anything we said in (the Indianapolis case), either by legislative amendment or judicial overruling," the decision said. "In fact, our Supreme Court fairly recently stated 'A party seeking to petition for certiorari on behalf of a community must show some special injury other than that sustained by the community as a whole.'" City Council Attorney Jim Meyer said Tuesday the council has 30 days from last Friday to request the case be transferred to the Indiana Supreme Court, but council president Ron Meer said he's not likely to make such a move.

"I personally wouldn't be prepared to support going any further because of the money we've already spent and the several court decisions that have already been made," Meer said. "I'm still against the plan, but maybe now it's someone else's battle.

"Maybe it's time for the residents out there to take it up."



Contact Jason Miller at jmiller@thenewsdispatch.com.
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