Legal Opinion

City of Hobart Common Council v. Behavioral Institute of Indiana, LLC

Indiana Court of Appeals

Decided March 17, 2003No. 45A03-0201-CV-33PublishedCited by 22 opinions

1Opinion of the Court

OPINION

MATHIAS, Judge.

The Behavioral Institute of Indiana ("Institute") petitioned the City of Hobart ("Hobart") for a land use variance to operate a sixty-bed, for-profit, residential treatment facility in an area of Hobart zoned "R-2 single-family residential." The Hobart Board of Zoning Appeals ("HBZA") conducted a hearing on the Institute's proposed land use variance, and voted unanimously to send a favorable recommendation to the City of Hobart Common Council ("Council") pursuant to Indiana Code section 86-7-4-918.6.1 Despite this positive recommendation from the HBZA, the Council…

Also in this document: Concurrence.

2Cases cited35 opinions

  1. Santosky v. KramerSupreme Court of the United States · 1982
  2. Pension Benefit Guaranty Corporation v. LTV Corp.Supreme Court of the United States · 1990
  3. Collins v. DayIndiana Supreme Court · 1994
  4. City of Mishawaka v. StewartIndiana Supreme Court · 1974
  5. Indiana High School Athletic Ass'n v. Carlberg Ex Rel. CarlbergIndiana Supreme Court · 1997

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3Cited by22 opinions

  1. Behavioral Institute of Indiana, LLC and 61st Avenue Building, LLC v. Hobart City of Common Council, School City of Hobart, City of Hobart, IndianaCourt of Appeals for the Seventh Circuit · 2005
  2. Armstrong v. Turner County Board of AdjustmentSouth Dakota Supreme Court · 2009
  3. Burcham v. Metropolitan Board of Zoning Appeals Div. I of Marion CountyIndiana Court of Appeals · 2008
  4. New Albany Historic Preservation Commission v. Bradford Realty, Inc.Indiana Court of Appeals · 2012
  5. City of Crown Point v. Misty Woods Properties, LLCIndiana Court of Appeals · 2007

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