Legal Opinion

St. Charles Tower, Inc. v. Board of Zoning Appeals of Evansville-Vanderburgh County

Indiana Supreme Court

Decided September 18, 2007No. 82S01-0702-CV-69PublishedCited by 19 opinions

1Opinion of the Court

SULLIVAN, Justice.

The Vanderburgh County Zoning Code requires cellular telephone towers to be located a distance of two feet for each foot of height of the tower or 300 feet, whichev-’ er is greater, from any residence. St. Charles Tower, Inc., proposed to erect a 185-foot cell tower within 370 feet of three residences, one of which was within' 168 feet of the tower’s proposed location. The Board of Zoning Appeals of Evansville-Vanderburgh County properly rejected an application to erect the cell tower based on these facts.

Background

St. Charles Tower, Inc. (“St. Charles”), a corporation that…

2Cases cited8 opinions

  1. LTV Steel Co. v. GriffinIndiana Supreme Court · 2000
  2. Hinshaw v. Board of Com'rs of Jay CountyIndiana Supreme Court · 1993
  3. Equicor Development, Inc. v. Westfield-Washington Township Plan CommissionIndiana Supreme Court · 2001
  4. John C. Aegerter and Air Page Corp. v. City of Delafield, WisconsinCourt of Appeals for the Seventh Circuit · 1999
  5. Robinson v. WroblewskiIndiana Supreme Court · 1998

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3Cited by19 opinions

  1. Burcham v. Metropolitan Board of Zoning Appeals Div. I of Marion CountyIndiana Court of Appeals · 2008
  2. Davis v. Indiana State Board of NursingIndiana Court of Appeals · 2013
  3. Jason A. Fishburn v. Indiana Public Retirment SystemIndiana Court of Appeals · 2014
  4. 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
  5. Patricia Terkosky v. Indiana Department of EducationIndiana Court of Appeals · 2013

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

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