Fifty Six LLC v. Metropolitan Development Commission

BROWN, Judge.

[1] Fifty Six LLC (“Landowner”) appeals from the trial court’s order granting summary judgment in favor of the Metropolitan Development Commission (the “MDC”). Landowner raises one issue which we revise and restate as whether the trial court abused its discretion in denying Landowner’s motion to correct error or erred when it granted the MDC’s cross-motion for summary judgment. We reverse and remand.

Facts and Procedural History

[2] In 2009, local residents, schools, churches, businesses, and other institutions began a community effort to prevent divestment of a local retail'area…