Legal Opinion

Rice v. Allen County Plan Commission

Indiana Court of Appeals

Decided August 15, 2006No. 02A03-0510-CV-519PublishedCited by 13 opinions

1Opinion of the Court

OPINION

BAKER, Judge.

Appellants-petitioners Jeff and Tammy Rice appeal from the trial court's order affirming the decision of appellee-respon-dent Allen County Plan Commission (the Commission) to conditionally approve the Rices' primary development plan (Development Plan) as to their proposed home, but not to their already-constructed garage. The Rices raise a number of arguments, one of which we find dispositive: whether the Commission's decision was unsupported by substantial evidence. Finding that there is not substantial evidence supporting the Commission's decision, we reverse and remand…

Also in this document: Concurrence.

2Cases cited5 opinions

  1. Equicor Development, Inc. v. Westfield-Washington Township Plan CommissionIndiana Supreme Court · 2001
  2. Town of Beverly Shores v. BagnallIndiana Supreme Court · 1992
  3. S & S Enterprises, Inc. v. Marion County Board of Zoning AppealsIndiana Court of Appeals · 2003
  4. Metropolitan Development Commission v. SchroederIndiana Court of Appeals · 2000
  5. Indiana Alcoholic Beverage Commission v. River Road Lounge, Inc.Indiana Court of Appeals · 1992

3Cited by13 opinions

  1. Developmental Services Alternatives, Inc. v. Indiana Family & Social Services AdministrationIndiana Court of Appeals · 2009
  2. House of Prayer Ministries, Inc. d/b/a Harvest Christian Camp v. Rush County Board of Zoning Appeals Milco Dairy Farm, LLCIndiana Court of Appeals · 2018
  3. Terra Nova Dairy, LLC v. Wabash County Board of Zoning AppealsIndiana Court of Appeals · 2008
  4. 600 Land, Inc. v. Metropolitan Board of Zoning Appeals of Marion CountyIndiana Court of Appeals · 2007
  5. David J. and Susan L. MacFadyen v. City of Angola, City of Angola Plan Commission, and Trine University, Inc.Indiana Court of Appeals · 2016

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