Legal Opinion

SAM'S EAST, INC. v. United Energy Corp.

Indiana Court of Appeals

Decided June 11, 2010No. 41A04-0909-CV-545PublishedCited by 2 opinions

1Opinion of the Court

OPINION

BARNES, Judge.

Case Summary

Sam's East, Inc., ("Sam's") appeals the trial court's reversal of the decision of the City of Greenwood Board of Zoning Appeals ("BZA") to issue a variance to Sam's. We affirm.

Issue

Sam's raises three issues. We address a dispositive issue, which we state as whether the trial court properly concluded that the need for the variance did not arise from some condition peculiar to the property.

Facts

In 2002, Sam's sought to rezone a portion of the parking lot for the Greenwood Sam's Club so that it could be used for a gas station and car wash for Sam's Club members.…

2Cases cited8 opinions

  1. Maxey v. Board of Zoning AppealsIndiana Court of Appeals · 1985
  2. Burcham v. Metropolitan Board of Zoning Appeals Div. I of Marion CountyIndiana Court of Appeals · 2008
  3. Vogelgesang v. ShackelfordIndiana Court of Appeals · 1970
  4. Bowman v. Metropolitan Board of Zoning AppealsIndiana Court of Appeals · 1975
  5. Miller v. Board of Zoning Appeals of RochesterIndiana Court of Appeals · 1979

3 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Beaver Gravel Corporation, d/b/a Beaver Materials v. Eros VladovichIndiana Court of Appeals · 2025
  2. Monroe County Board of Zoning Appeals v. William J. Huff II Revocable TrustIndiana Court of Appeals · 2026

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