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By ALM Staff | Law Journal Newsletters |
April 28, 2010

Zoning and Land Use

In City of New Haven v. Flying J., Inc., 912 N.E.2d 420, (Ind.App. 2009), a developer acquired property with the notion of developing a substantial travel plaza for trucks, campers and other travelers. The City ruled that the C-1 zone that applied to the property permitted some of the projected uses in the center, but not all. A trial court agreed. The court of appeals ruled that the C-1 zone did permit such uses, and the matter was remanded for further proceedings. At some point during the process of litigation, the City amended the zoning ordinance to establish a limit of two acres for service stations, together with accessory uses and structures. The amendment eliminated the developer's project, which was much larger than two acres, but permitted under the prior ordinance.

The court of appeals held that the City's amended ordinance did not apply to the developer's plan to build its travel plaza because the developer had established a “vested right” to develop the plaza, although it had undertaken no direct construction and had not obtained a building permit. The court noted that while construction definitely does establish a vested right, mere preliminary work, including filing of a building permit.

Zoning and Land Use

In City of New Haven v. Flying J., Inc. , 912 N.E.2d 420, (Ind.App. 2009), a developer acquired property with the notion of developing a substantial travel plaza for trucks, campers and other travelers. The City ruled that the C-1 zone that applied to the property permitted some of the projected uses in the center, but not all. A trial court agreed. The court of appeals ruled that the C-1 zone did permit such uses, and the matter was remanded for further proceedings. At some point during the process of litigation, the City amended the zoning ordinance to establish a limit of two acres for service stations, together with accessory uses and structures. The amendment eliminated the developer's project, which was much larger than two acres, but permitted under the prior ordinance.

The court of appeals held that the City's amended ordinance did not apply to the developer's plan to build its travel plaza because the developer had established a “vested right” to develop the plaza, although it had undertaken no direct construction and had not obtained a building permit. The court noted that while construction definitely does establish a vested right, mere preliminary work, including filing of a building permit.

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