Legal Opinion

Town of Ellettsville, Indiana Plan Commission and Richland Convenience Store Partners, LLC v. Joseph v. DeSpirito

Indiana Supreme Court

Decided December 12, 2017No. 53S01-1709-PL-612PublishedCited by 10 opinions

1Opinion of the Court

On Petition to Transfer from the Indiana Court of Appeals, No. 53A01-1611-PL-2559

2Per curiam

Richland Convenience Store Partners, LLC asked the Town of Ellettsville’s Plan Commission to amend a subdivision plat so Richland could move a utility easement on its property. The Commission approved Richland’s request, over the objection of Richland’s neighbor, Joseph V. DqSpirito, whose property the easement benefits. DeSpirito' then sued for judicial review, declaratory relief and associated damages (attorney’s fees and costs), and preliminary and permanent injunctive relief. Appellants’ App. Vol. II at…

3Cases cited3 opinions

  1. In Re: The Matter of D.J. and G.J., Children in Need of Services Gr.J. (Mother) and J.J. (Father) v. Ind. Dept. of Child ServicesIndiana Supreme Court · 2017
  2. Ramsey v. MooreIndiana Supreme Court · 2012
  3. G.C. v. T.A.Indiana Supreme Court · 2014

4Cited by10 opinions

  1. Town of Ellettsville, Indiana Plan Commission and Richland Convenience Store Partners, LLCIndiana Supreme Court · 2018
  2. Craig D. Severance and Catherine Severance v. The Pleasant View Homeowners Association, Inc.Indiana Court of Appeals · 2018
  3. Bradley K. Buchanan v. State of IndianaIndiana Court of Appeals · 2019
  4. In the Matter of the Guardianship of Nathaniel C. Hurst, Centier Bank and Centier Bank, Personal Representative of the Estate of Luanne Hurst v. Nathaniel C. HurstIndiana Court of Appeals · 2018
  5. Curtis Jackson v. Aramark Food Services and Mike Church (mem. dec.)Indiana Court of Appeals · 2019

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