Equicor Development, Inc. v. Westfield-Washington Township Plan Commission

BOEHM, Justice.

ON PETITION FOR TRANSFER

We hold that in the absence of a claimed violation of due process or equal protection rights, or their state counterparts, it is improper to inquire into the motive behind a zoning commission's denial of a subdivider's proposed primary plat. However, under the circumstances of this case, the commission is estopped from raising the deficiencies it cited to deny the proposal.

Factual and Procedural Background

In February 1998, Equicor submitted a primary plat to the Westfield-Washington Township Plan Commission for the development of 27.2 acres as a cluster…