Agenda - Planning Commission - 07/09/2009

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June 10, 20091 Volume 3\ No. 11 Zoning Bulletin Case Note: The township had also challenged the court's jurisdic- tion to hear the matter. It argued that the AG should have first brought the action before the township's zoning hearing board; The court rejected that argument. it said theAG could not have brought the action before the local zoning board since it was neither a land- owner nor a person aggrieved. Rather, the AG was acting "in its own right, as the official charged with administering the program established by ACRE," and S 315 specifically gave the AG the au-' thority to bring such an action in court. Sanctions-Plan commission fails to, promptly approve a subdivision as required by a mediation settlement agreement Parties dispute whether sanctions apply to governmental entities and whether settlement approval required a public meeting. Citation: Lake County Trust Co. v. Advisory Plan Com'n of Lake Coun- ty, 904 N.E.2d 1274 (Ind. 2009) INDIANA (04/28/09)'--The Lake County Trust Company ("LCTe,,) sought a request from the county's Advisory Plan Commission (the "Commission") for primary plat approval for a subdivision. After the Commission denied the request, LCTC appealed the decision to court. The trial court ordered_mediation, and eventually the Commission and LCTCreached a written settlement agreement (the "Agreement"). The Agreement provided that LCTC had to submit a revised primary and sketch plan encompassing all of the agreements within the Agreement. The Agreement further provided that once LCTC did that, the Commis~ sian had to, at is next regular meeting on August 16, 2006, approve the Agreement and its engineering. . The Commission met as scheduled but voted to defer a decision on the subdivision for thirty days. LCTC then filed a motion to enforce the Agreement. Thereafter the Commission voted to reject the Agreement. The trial court then ordered the Agreement be enforced. Specifically, _ it ordered that the Commission approve the plat and issue any neces- sary permits. The Commission then complied and approved the primary plat and engmeermg. 10 @ 2009 Thomson Reuters 62 . \ i (') i' . ~ -,-.-/,., 11 '! 11 " !! ii I' ,I " i! 1-1 II II II Ii II I i I I I