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July 16, 2008

Zoning ordinance interpretation challenge

In "Indiana Supreme Court Determines that Proposed Solid Waste Transfer Station Meets Definition of 'Motor Truck Terminal'", Patty Salkin of the Law of the Land blog describes a recent opinion.  First paragraph:

The applicable zoning allowed for a “motor truck terminal” as of right, and the owner wished to build a “solid waste transfer station” and recycling facility on the land, where trucks would unload materials for temporary storage before being re-loaded onto larger trucks to be taken to incinerators, landfills or recycling facilities, the Indiana Supreme Court held that such use constitutes a “motor truck terminal” and that the owner need not apply for a special use permit as had been instructed by the Department of Metropolitan Development (DMD)."

One can infer from the fact that this case went all the way to the state supreme court that the interpretation of this zoning ordinance was not straightforward.

EMM

July 16, 2008 in Admin Cases, Recent | Permalink

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