Gas Station Permit Revoked

We just received notice that on February 28th Judge John Hanley ordered the Board of Zoning Appeals to revoke the Improvement Location Permit (ILP-15-00384) for the proposed gas station at 86th and Lafayette Road. This is a HUGE victory for our community and the over 1,700 residents who opposed this development.

The court found that Gurpreet Singh and/or Three Mile Properties, Inc. was not an owner within the definition of “owner” as set out by the City County Council therefore the permit was improperly granted.

With this permit revoked and the new zoning changes that went into place last summer, it is very unlikely that there will ever be a gas station at this corner of 86th and Lafayette Road.

The City of Indianapolis/Three Mile Properties, Inc will have the option to appeal this decision to a higher court but at a significantly higher cost. Since they have now purchased the property (last fall), they also have the right to apply for new permits, propose alternative developments or put it up for sale.

Our efforts to stop the gas station have been going on for over two years. It has not been easy. We are so grateful to all of our neighbors and community organizations (Historic Traders Point, TPAN, PTRA, HOA’s etc) for their dedication, commitment and perseverance. Whether it was signing a petition, doing research, hosting a fundraiser, showing up to a meeting or hearing, talking with others, donating funds, walking door to door, your prayers, or helping in any number of other ways – you made a difference!

We are especially grateful our City-County Councilor, Leroy Robinson for his significant involvement and support since the very beginning. We are thankful for Judge Hanley’s thorough consideration of our appeal and for the work (and patience with us) from the city staff. Attorney S. Gregory Zubek and his staff did a great job representing us and making our case before the zoning boards and the court.

It is very important that everyone stay engaged and be proactive about the developments going on in our community. We will keep you posted of any other developments as we learn about them.

Court Order:

IT IS THEREFORE ORDERED ADJUDGED AND DECREED that:

  1. The decision of the BZA denying the appeal of the grant of ILP15-00384 to Three Mile Properties – Gurpreet Singh
    1. was arbitrary, capricious, an abuse of discretion and otherwise not in accordance with law including the ordinance requiring that an application for an improvement location permit be made by the owner (or owner’s authorized agent) because.
      1. Gurpreet Singh was not the owner; and/or
      2. Three Mile Properties, Inc. is not Gurpreet Singh; and/or
      3. Three Mile Properties, Inc. is not an owner within the definition of “owner” as set out by the applicable legislative body, the City County Council; and
    2. was contrary to ordinance and unsupported by substantial evidence for the following reasons.
      1. Gurpreet Singh was not the owner; and/or
      2. Three Mile Properties, Inc. is not Gurpreet Singh; and/or
      3. Three Mile Properties, Inc. is not an owner within the definition of “owner” as set out by the applicable legislative body, the City County Council.
  1. The action of the BZA is set aside, this cause is remanded to the BZA for action consistent with the Findings and Conclusions set out herein and the BZA is ordered to reverse, rescind and/or otherwise vacate the grant of ILP15-00384 to Three Mile Properties – Gurpreet Singh.