Green v. Hancock County Bd. of Zoning Appeals

Full Case Name
Todd GREEN, et al., Appellants-Petitioners, v. HANCOCK COUNTY BOARD OF ZONING APPEALS and Joyce Holmes, Appellees-Respondents
Description

County Board of Zoning Appeals (BZA) granted a special exception to a property owner for construction of a banquet hall within an agricultural zoning district despite neighbor objections based on adverse effects to community. The court ruled that the BZA did not act outside of its statutory authorization and the proposed facility was acceptable for a special exception.

Date
07-18-2006
Court
Court of Appeals of Indiana
Jurisdiction
Indiana
Plaintiffs
Defendants
Incident Location
Center Township, IN
Disputed Act

Property owner sought to build a banquet hall in agricultural zoning district. Neighbors objected to property owner's petition based on adverse effects to property values, increased traffic volume, community endangerment, and increased noise and light pollution. The Hancock County Board of Zoning Appeals (BZA) granted the property owner a special exception for construction. Neighbors sought judicial review; Circuit Court affirmed; neighbors appealed.

Holding
BZA did not act outside of its statutory authorization. The proposed facility was an acceptable commercial recreational use for zoning ordinance special exception.
Disposition