Legal Opinion
City of Bloomington Board of Zoning Appeals v. Delta Treatment Center of Indiana, Inc.
Indiana Court of Appeals
Decided October 10, 1990No. 53A01-9006-CV-227PublishedCited by 5 opinions
1Opinion of the Court
RATLIFF, Chief Judge.
STATEMENT OF THE CASE
The City of Bloomington Board of Zoning Appeals ("BZA") appeals the judgment of the Monroe Superior Court remanding the application for special zoning exception by Delta Treatment Center of Indiana, Inc. ("Delta") to the BZA. The trial court instructed the BZA to take further evidence and make new findings or grant the exception to build a rehabilitative facility for sixty emotionally and physically abused children in a single-family residential zone. We reverse.
FACTS
After several procedural steps transpired, the BZA conducted a hearing on September…
2Cases cited7 opinions
- Boffo v. Boone County Board of Zoning AppealsIndiana Court of Appeals · 1981
- Ash v. Rush County Board of Zoning AppealsIndiana Court of Appeals · 1984
- Maxey v. Board of Zoning AppealsIndiana Court of Appeals · 1985
- Speedway Board of Zoning Appeals v. Standard Concrete Materials, Inc.Indiana Court of Appeals · 1971
- Speedway Board of Zoning Appeals v. PopcheffIndiana Court of Appeals · 1979
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Indiana Civil Rights Commission v. Southern Indiana Gas & Electric Co.Indiana Court of Appeals · 1995
- McBride v. Board of Zoning AppealsIndiana Court of Appeals · 1991
- Indiana Civil Rights Commission v. Delaware County Circuit CourtIndiana Court of Appeals · 1994
- Indiana DLandowner's request for floodway construction permit was denied by the Natural Resources Commission (NRC), and landowner sought judicial review. The Marion Superior Court, James S. Kirsch, J., vacated NRC's order. NRC appealed. The Court of Appeals, Ratliff, C.J., held that: (1) landowner had burden of proving that no harm would come to fish, wildlife or botanical resources through its proposed construction (2) property was "floodway" within meaning of Indiana Flood Control Act and (8) landowner was not denied fundamental due process.epartment of Natural Resources v. United Refuse Co.Indiana Court of Appeals · 1992
- Indiana Civil Rights Commission v. Southern Indiana Gas & Electric Co.Indiana Court of Appeals · 1995