Legal Opinion

Holmes v. Bd. of Zoning Appeals of Jasper County

Indiana Court of Appeals

Decided May 16, 1994No. 37A03-9211-CV-375PublishedCited by 14 opinions

1Opinion of the Court

STATON, Judge.

Howard Holmes, Harold Holmes, and Holmes Bros., Inc. (collectively "Holmes") appeal the trial court's judgment affirming a decision of the Board of Zoning Appeals of Jasper County ("BZA"). Holmes presents thirteen issues for our review, only one of which we must address: whether the trial court erred in determining that the BZA's authority to regulate Holmes' proposed storage tank is not preempted by state law. We also raise sua sponte the issue of whether the BZA erred by failing to make written findings.

We affirm in part and remand.

Harold Holmes and Howard Holmes own and…

2Cases cited6 opinions

  1. Town of Beverly Shores v. BagnallIndiana Supreme Court · 1992
  2. Porter County Board of Zoning Appeals v. BoldeIndiana Court of Appeals · 1989
  3. Indiana Waste Systems, Inc. v. Board of CommissionersIndiana Court of Appeals · 1979
  4. Yater v. Hancock County Planning CommissionIndiana Court of Appeals · 1993
  5. Cooper v. CalandroIndiana Court of Appeals · 1991

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

3Cited by14 opinions

  1. Schlehuser v. City of SeymourIndiana Court of Appeals · 1996
  2. Cundiff v. Schmitt Development Co.Indiana Court of Appeals · 1995
  3. Hopkins v. Tipton County Health DepartmentIndiana Court of Appeals · 2002
  4. Ad Craft, Inc. v. Board of Zoning AppealsIndiana Court of Appeals · 1998
  5. Hoagland v. Town of Clear Lake Board of Zoning AppealsIndiana Court of Appeals · 2007

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

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