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City of Madison, Indiana v. Demaree

Court of Appeals of Indiana

May 23, 2017

City of Madison, Indiana, Appellant-Defendant,
v.
William L. Demaree and Betty K. Demaree, Appellees-Plaintiffs.

         Appeal from the Jefferson Circuit Court. Cause No. 39C01-1103-MI-221 The Honorable W. Gregory Coy, Special Judge.

          Attorneys for Appellant William Joseph Jenner David R. Sutter Jenner, Pattison, Sutter & Wynn, LLP Madison, Indiana

          Attorney for Appellees Mary J. Stotts Madison, Indiana

          SHARPNACK, SENIOR JUDGE

         Statement of the Case

         [¶1] The City of Madison appeals the trial court's reversal of the Madison City Council's denial of the Demarees' application to rezone a piece of property. We reverse and remand with instructions to affirm the decision of the City Council.

         Issue

         [¶2] The City presents one question for our review: whether the trial court erred by reversing the City Council's decision to deny the Demarees' application to rezone and, in doing so, applied an incorrect standard of review.

         Facts and Procedural History

         [¶3] The Demarees own real property in Madison, Indiana that is zoned R4 (residential). In May 2010, they filed an application with the City of Madison Planning Commission seeking to rezone the property from R4 to GB (general business). The application was initially heard by five of the nine members of the Planning Commission on June 7, 2010, at which time the Planning Commission voted to give the application an unfavorable recommendation. The Demarees then appeared before the Madison City Council. The City Council asked the Demarees to return to the Planning Commission for a recommendation from the full board.

         [¶4] The Demarees' application was tabled by the Planning Commission at both the August and September meetings. On October 4, 2010, the Demarees' application was heard by the Planning Commission and given a favorable recommendation.

         [¶5] On January 4, 2011, the Demarees' application to rezone their property was given its first reading before the City Council. Some members of the City Council expressed concern about the rezoning request and requested additional information.

         [¶6] The request to rezone was given a second reading at the City Council meeting on January 18, 2011. At that meeting, the Council heard comments from residents and received a petition signed by residents opposing the rezoning.

         [¶7] A third reading of the rezoning request was held at the City Council meeting on February 8, 2011. The Council voted ...


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