Town of Beverly Shores v. Bagnall

SHEPARD, Chief Justice.

A town’s board of zoning appeals denied a requested variance which would have permitted construction of a residence on the Indiana dunes. The trial court held that this denial was an unconstitutional taking. We hold that the denial was proper on grounds related to saving the dunes, and reverse.

I. Case History

Since 1968, George and Ann Bagnall have owned a vacant lot across the road from Lake Michigan in the Town of Beverly Shores. They desire to build a house on the land, but the lot does not conform to zoning requirements the town adopted in 1982. It is too narrow and…