Metropolitan Board of Zoning Appeals Division III of Marion County, Indiana v. Traders Point Association of Neighborhoods, Kenneth F. Zahora (TRS), Cherie L. Zahora (TRS)
2017 Ind. App. LEXIS 342
| Ind. Ct. App. | 2017Background
- Three Mile Properties, Inc. (incorporated Oct. 2014) entered a recorded land contract to purchase 8562 Lafayette Road on Nov. 19, 2014; Gurpreet Singh is a principal and the registered agent for Three Mile and signed the land contract on its behalf.
- On March 9, 2015 an Improvement Location Permit (ILP) application was filed listing Gurpreet Singh as owner; the City’s Department of Code Enforcement later issued ILP No. 15-00384 (issued June 23, 2015) for a gas station/convenience store in a C-3 zone.
- The City Council adopted a moratorium ordinance (approved Apr. 20, 2015; signed Apr. 29, 2015) that would bar new permits for gasoline stations/convenience markets in C-3 zones while the zoning code was amended.
- Neighbors and other petitioners appealed issuance of the ILP to the BZA; the BZA upheld the ILP on Feb. 16, 2016, finding the site was zoned C-3 and the permit complied with development standards.
- The appellants then appealed to the trial court, which reversed the BZA, reasoning the March 9, 2015 application was incomplete because the named applicant was not the legal owner, and thus the moratorium applied.
- Three Mile appealed; the Court of Appeals held the trial court erred, reinstated the BZA decision, finding Three Mile (and Singh as its agent) were equitable owners under the recorded land contract and the application was complete before the moratorium took effect.
Issues
| Issue | Plaintiffs' Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the ILP application was "filed by the owner" (i.e., whether applicant had ownership interest when application filed) | Appellants: Singh/Cope were not legal owners or lessees when filing; application incomplete | Three Mile: Land contract conferred equitable ownership; Singh as principal/agent properly listed; application complete | Court: Application was complete — equitable ownership under recorded land contract sufficed; trial court erred |
| Whether the City’s moratorium ordinance applied to the March 9, 2015 application | Appellants: Moratorium barred new permits for gas stations in C-3 and therefore applies | Three Mile: State statute protects a complete application filed before ordinance change for at least three years; moratorium enacted after filing so does not apply | Court: Moratorium did not apply because the complete application was filed before ordinance took effect; statute controls |
Key Cases Cited
- Town of Munster Bd. of Zoning Appeals v. Abrinko, 905 N.E.2d 488 (Ind. Ct. App. 2009) (standards for appellate review of BZA decisions)
- S & S Enterprises, Inc. v. Marion Cty. Bd. of Zoning Appeals, 788 N.E.2d 485 (Ind. Ct. App. 2003) (trial court may not reweigh evidence in zoning appeals)
- Hoosier Outdoor Advert. Corp. v. RBL Mgmt., Inc., 844 N.E.2d 157 (Ind. Ct. App. 2006) (deference to agency factfinding; questions of law reviewed de novo)
- Story Bed & Breakfast, LLP v. Brown County Area Plan Comm’n, 819 N.E.2d 55 (Ind. 2004) (agency interpretations of ordinances entitled to deference when reasonable)
- Shaffer v. State, 795 N.E.2d 1072 (Ind. Ct. App. 2003) (rules of statutory construction apply to ordinances; defer to reasonable agency interpretation)
- Skendzel v. Marshall, 301 N.E.2d 641 (Ind. 1973) (land contract vendees in possession hold equitable ownership and rights of owners)