Metropolitan Board of Zoning Appeals v. Sheehan Construction Co.

I

STATEMENT ON THE APPEAL

Staton, J.

— Sheehan Construction Company’s petition for a variance from an R-l zoning, single family residential, was denied by the Metropolitan Board of Zoning Appeals. The variance sought to construct a neighborhood convenience shopping facility at 3401-3405 East 38th Street in Indianapolis, Indiana. Sheehan petitioned the Marion County Superior Court for a judicial review of the Board’s denial. 1 It contended that the Board’s denial of the variance so restricted the beneficial use of its property that the denial constituted a taking without just compensation in…