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Zoning Bulletin <br />August 10, 2012 I Volume 6 I Issue 15 <br />Consequently, the court remanded the matter to the LUC for further hearings <br />as the LUC deemed appropriate. <br />See also: Kinkaid v. Board of Review of City and County of Honolulu, 106 <br />Haw. 318, 104 P.3d 905 (2004), as amended, (Nov. 10, 2004). <br />See also: Bustamante v. Massanari, 262 F.3d 949, 75 Soc. Sec. Rep. Serv. <br />358, Unempl. Ins. Rep. (CCH) P 16620B (9th Cir. 2001). <br />See also: Sousa v. Callahan, 143 F.3d 1240, 57 Soc. Sec. Rep. Serv. 22, <br />Unempl. Ins. Rep. (CCH) P 16035B (9th Cir. 1998). <br />Case Note: <br />Again, not finding a case directly on point from its jurisdiction, the court looked to <br />caselaw from otherjurisdictions to support a remand to LUC where LUC's action was <br />not supported by substantial evidence. <br />Authority/Jurisdiction—Town Says <br />Airport Authority Must Get Town's <br />Zoning Approval Before Undertaking <br />Construction <br />Airport authority insists it has exclusive zoning <br />jurisdiction over airport <br />Citation: Town of Zionsville v. Hamilton County Airport Authority, 2012 <br />WL 2343370 (Ind. Ct. App. 2012) <br />INDIANA (06/20/12)—This case addressed the issue, as a matter of first <br />impression (i.e., the first time the court heard such an issue), of whether, as a <br />governmental unit of general authority, a town had zoning jurisdiction over an <br />airport within the town, or whether the airport authority had sole zoning <br />jurisdiction. <br />The Background/Facts: In 2003, Hamilton County purchased an airport <br />located in Boone County. The airport was along Hamilton County's border. In <br />2006, Hamilton County created the Hamilton County Airport Authority (the <br />"Airport Authority"). It then transferred ownership of the airport to the Airport <br />Authority. <br />In 2008, three towns combined into a single entity, known as the Town of <br />Zionsville (the "Town"). The newly created Town gained zoning jurisdiction <br />over certain townships in areas where Boone County had previously exercised <br />zoning jurisdiction, including the airport. <br />In 2010, the Town's planning director informed the Airport Authority that <br />it needed approval from the Town's planning department prior to obtaining <br />construction permits. The Airport Authority, which had adopted its own land <br />use ordinance for the airport, disagreed. <br />©2012 Thomson Reuters 7 <br />