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
of the Case
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
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.
and Procedural History
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.
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.
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
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.
A third reading of the rezoning request was held at the City
Council meeting on February 8, 2011. The Council voted ...