Gas Station Updates – June 2017

We wanted to make you aware of some updates on the 86th and Lafayette Road gas station fight. In our last update, we noted that Judge John Hanley ordered the Board of Zoning Appeals (BZA) to revoke the Improvement Location Permit (ILP). In the past couple of months there have been a few further developments:

Improvement Location Permit

Three Mile Properties decided to file an appeal of Judge Hanley’s decision with the Indiana Court of Appeals. Briefing is underway and will likely take several more months. After that, it will be up to the Court of Appeals on when they will issue a decision. They could uphold or overturn Judge Hanley’s ruling.

The developer has also asked Judge Hanley to “stay” his previous ruling (ordering the BZA to revoke the permit) while the appeal is pending. He has not issued a ruling on this request.

In addition, The ILP permit was due to expire on June 23rd, but it is our understanding that the City of Indianapolis has granted a 180 day extension because of the ongoing litigation.

 

Alcohol Permit

After the Alcohol Permit was unanimously defeated at the local board level, the developer filed a notice of appeal with the State Alcohol and Tobacco Commission. After a year pending before the state commission, the developer has officially dropped his appeal of the Alcohol permit.

 

Legal Funds

With the additional round of litigation, we could use some additional funds to help cover the attorney costs. If you are interested in contributing, donations can be made two ways:

  1. Online. Donations can be made here: gofundme.com/v5dt3b5d (Note: GoFundMe does take a small service fee out of the money donated).
  1. By Mail. Checks can be sent to Greater Historic Traders Point: 7103 W. 96th St., Zionsville, IN 46077.

Tax Deductible

All funds contributed will be deposited to the Greater Historic Traders Point, a nonprofit organization that protects over 2,600 acres of green space around Eagle Creek for the enjoyment of generations to come. All contributions are tax deductible.

 

Questions/Comments?

As always, feel free to Contact Us with your ideas, questions, and thoughts.