251 N.E.3d 584
Ind. Ct. App.2025Background:
- Shawn Senter owns property in Kosciusko County, Indiana, zoned for commercial use, adjacent to Lake Wawasee.
- In 2018, Senter received a temporary special exception from the Kosciusko County Board of Zoning Appeals (BZA) to operate a marina but later let it lapse.
- In 2023, Senter again sought BZA approval to operate a marina and sell gasoline on-site; objections from homeowners focused on safety and environmental concerns.
- The BZA allowed the marina but prohibited fuel sales and ordered removal of the gasoline tank.
- Senter petitioned for judicial review, arguing that selling gasoline is a permitted retail use and does not require BZA approval—unlike the marina use itself.
- The trial court upheld the BZA; Senter appealed. The Court of Appeals reversed the lower court, siding with Senter.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether BZA approval is required to sell gasoline | "Retail business" includes fuel sales; thus, no BZA approval needed for gasoline sales on commercial property | Gasoline sales are "motorized vehicle service," an exceptional use needing BZA approval | Gasoline sales are a permitted retail business; Senter did not need BZA approval. |
Key Cases Cited
- St. Charles Tower, Inc. v. Bd. of Zoning Appeals of Evansville-Vanderburgh Cnty., 873 N.E.2d 598 (Ind. 2007) (explaining standards for judicial review of zoning board decisions)
- Crooked Creek Conservation & Gun Club, Inc. v. Hamilton Cnty. N. Bd. of Zoning Appeals, 677 N.E.2d 544 (Ind. Ct. App. 1997) (clarifying the limited standard of review for zoning board evidentiary findings)
- Siwinski v. Town of Ogden Dunes, 949 N.E.2d 825 (Ind. 2011) (summarizing statutory/ordinance interpretation methods)
- Flying J., Inc. v. City of New Haven, Bd. of Zoning Appeals, 855 N.E.2d 1035 (Ind. Ct. App. 2006) (noting zoning ordinances should be construed to favor free land use)
- House of Prayer Ministries, Inc. v. Rush Cnty. Bd. of Zoning Appeals, 91 N.E.3d 1053 (Ind. Ct. App. 2018) (addressing when courts may reverse zoning board decisions)