Legal Opinion

HRC Hotels, LLC v. Metropolitan Board of Zoning Appeals Division II of Marion County, Indiana, Jeffrey R. Baumgarth and The Myers Y. Cooper Company

Indiana Court of Appeals

Decided April 10, 2014No. 49A04-1307-PL-313PublishedCited by 6 opinions

1Opinion of the Court

OPINION

VAIDIK, Chief Judge.

Case Summary

Myers Y. Cooper Corporation (“Myers Cooper”) requested a variance for its property to build a pet day-care facility. At the hearing, 1-465 LLC, the owner of an adjacent Hilton Homewood Suites Hotel, protested due to the noise that would be caused by pets staying so close to its hotel. After the Marion County Metropolitan Development Commission Board of Zoning Appeals (“BZA”) granted the variance, HRC Hotels, LLC (“HRC Hotels”), the parent company of 1-465 LLC, filed a petition for judicial review in the trial court. Myers Cooper responded, arguing that…

2Cases cited11 opinions

  1. K.S. v. StateIndiana Supreme Court · 2006
  2. Hammes v. BrumleyIndiana Supreme Court · 1995
  3. Packard v. ShoopmanIndiana Supreme Court · 2006
  4. Wayne County Property Tax Assessment Board of Appeals v. United Ancient Order of Druids-Grove 29Indiana Supreme Court · 2006
  5. Bellows v. BD. OF COM'RS OF CTY. OF ELKHARTIndiana Court of Appeals · 2010

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3Cited by6 opinions

  1. John C. & Maureen G. Osborne v. Town of Long Beach, IndianaIndiana Court of Appeals · 2017
  2. I-465, LLC v. Metropolitan Board of Zoning Appeals Division II of Marion County, Indiana, Jeffrey R. Baumgarth and The Myers Y. Cooper CompanyIndiana Court of Appeals · 2015
  3. Varnum Properties, LLC v. DC Department of Consumer and Reglatory AffairsDistrict of Columbia Court of Appeals · 2019
  4. Americhina, LLC v. Marion County Auditor and Marion County Treasurer (mem. dec.)Indiana Court of Appeals · 2019
  5. Paul R. Black and Jane I. Black v. Deutsche Bank National Trust Company as Trustee for Ameriquest Mortgage Securities, Inc., Asset-Backed Pass-Through Certificates Series 2006-R2 (mem. dec.)Indiana Court of Appeals · 2016

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