Legal Opinion

Porter County Board of Zoning Appeals v. SBA Towers II, LLC

Indiana Court of Appeals

Decided May 19, 2010No. 64A04-0910-CV-589PublishedCited by 2 opinions

1Opinion of the Court

OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Appellant-Respondent, Porter County Board of Zoning Appeals (BZA or Board), appeals the trial court's grant of Appellee Petitioner's, SBA Towers II, LLC (SBA), Verified Petition for a Writ of Certiorari requesting the trial court to award it a Special Exception for the construction of a wireless communications tower and accompanying equipment cabinets.

We affirm.

ISSUE

The BZA raises one issue on appeal which we restate as: Whether the trial court erred in reversing the BZA's denial of SBA's request for a Special Exception.

FACTS AND PROCEDURAL HISTORY

On…

2Cases cited8 opinions

  1. Primeco Personal Communications, Limited Partnership, D/B/A Verizon Wireless v. City of Mequon, Cross-AppelleeCourt of Appeals for the Seventh Circuit · 2003
  2. Town of Beverly Shores v. BagnallIndiana Supreme Court · 1992
  3. Ripley County Board of Zoning Appeals v. Rumpke of Indiana, Inc.Indiana Court of Appeals · 1996
  4. Crooked Creek Conservation & Gun Club, Inc. v. Hamilton County North Board of Zoning AppealsIndiana Court of Appeals · 1997
  5. Town of Merrillville Board of Zoning Appeals v. Public Storage, Inc.Indiana Court of Appeals · 1991

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

3Cited by2 opinions

  1. Lesh v. ChandlerIndiana Court of Appeals · 2011
  2. Peggy Bull d/b/a Brown County Getaway v. Brown County Area Board of Zoning Appeals (mem. dec.)Indiana Court of Appeals · 2016

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