Legal Opinion
Borsuk v. Town of St. John
Indiana Supreme Court
Decided January 4, 2005No. 45S03-0405-CV-236PublishedCited by 43 opinions
1Opinion of the Court
SHEPARD, Chief Justice.
Chester Borsuk asked the Town of St. John to rezone the half of his lot presently designated residential so that the whole parcel would be commercial. He observes that the Town's comprehensive plan contemplates commercial zoning for the whole lot and argues that the denial of his request was arbitrary and capricious. The comprehensive plan is an important ground, but not the sole ground, on which the Indiana Code says such decisions should be made. We conclude that the Town could lawfully refuse Borsuk's request.
Facts & Procedural History
Borsuk and Lake County Trust…
2Cases cited16 opinions
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
- Nollan v. California Coastal CommissionSupreme Court of the United States · 1987
- Peavler v. BD. OF COM'RS MONROE CTY.Indiana Supreme Court · 1988
- Udell v. HaasNew York Court of Appeals · 1968
11 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Monroe Guaranty Insurance Co. v. Magwerks Corp.Indiana Supreme Court · 2005
- HomEq Servicing Corp. v. BakerIndiana Supreme Court · 2008
- James T. Mitchell v. 10th and The Bypass, LLC and Elway, Inc.Indiana Supreme Court · 2014
- DeLage Landen Financial Services, Inc. v. Community Mental Health Center, Inc.Indiana Court of Appeals · 2012
- G.F. v. St. Catherine Hospital, Inc., Vatsal K. Patel, D.O., and Indiana Patient's Compensation FundIndiana Court of Appeals · 2019
38 more not listed; retrieve them via the Exa API.