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White County Bd. of Comm'rs v. Y.M.C.A. Camp Tecumseh, Inc.

Court of Appeals of Indiana

June 25, 2014

WHITE COUNTY BOARD OF COMMISSIONERS, Appellant,
v.
Y.M.C.A. CAMP TECUMSEH, INC., Appellee

APPEAL FROM THE CARROLL CIRCUIT COURT. The Honorable Kurtis G. Fouts, Judge. Cause No. 08C01-1308-MI-18.

ATTORNEY FOR APPELLANT: GEORGE W. LOY, Monticello, Indiana.

ATTORNEY'S FOR APPELLEE: JON LARAMORE, MATTHEW T. ALBAUGH, DANIEL E. PULLIAM, Faegre Baker Daniels LLP, Indianapolis, Indiana.

MATHIAS, J., and PYLE, J., concur.

Page 905

OPINION

FRIEDLANDER, Judge

The White County Board of Commissioners (the White County Board) brings an interlocutory appeal of the trial court's denial of the White County Board's motion to transfer venue from Carroll County to White County. As the sole issue on appeal, the White County Board argues that the trial court erred in determining that Carroll County is a preferred venue in this case.

We reverse and remand.

On July 1, 2013, the White County Board enacted Ordinance No. 562-13 (the Ordinance), approving the rezoning of a seven-acre tract of land in White County from general agriculture to agricultural industry.[1] The Ordinance authorizes housing more than 9000 hogs in a confined feeding operation, with millions of gallons of associated manure, on these seven acres.

Y.M.C.A. Camp Tecumseh, Inc. d/b/a Camp Tecumseh (the Camp) is located in Carroll County but on the county line, adjacent to the seventy-five-acre parcel that contains the seven acres of rezoned property in White County. On July 31, 2013, the Camp filed a petition for judicial review and stay of zoning decision against the White County Board. The Camp filed the action in the Carroll Circuit Court. The White County Board then filed a motion

Page 906

to dismiss, alleging among other things that Carroll County was not a proper venue. Thereafter, the Camp amended its petition, and the White County Board amended its motion to dismiss.

On November 14, 2013, the Carroll Circuit Court held a hearing on the motion to dismiss and the request to transfer venue of the cause to White County. After taking the matter under advisement, the trial court issued an order on December 20, 2013. The court granted the motion to dismiss as to one claim, leaving intact only the Camp's alternative claim for judicial review of the Ordinance under the Uniform Declaratory Judgment Act.[2]

Further, the court denied the White County Board's motion to transfer venue pursuant to Indiana Trial Rule 75. The court found, " the Courts of Carroll County are a preferred venue because the Petitioners [sic] reside in Carroll County." Appellant's Appendix at 7. The White County Board appeals the venue determination as an ...


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