IBJNews

Zionsville wins appeal in airport zoning dispute

Back to TopCommentsE-mailPrintBookmark and Share

The town of Zionsville has won a court appeal enabling it to enforce its zoning laws on the operator of Indianapolis Executive Airport, which now falls within the town’s borders thanks to an annexation.

The Indiana Court of Appeals ruled in favor of Zionsville in an opinion issued Wednesday.

Zionsville’s dispute with the airport’s operator, the Hamilton County Airport Authority, began in 2008 when the town annexed Union Township.

Hamilton County purchased the airport, which is located on East State Road 32 just within neighboring Boone County’s eastern border, in 2003.

Boone County Commissioners and the Boone County Area Plan Commission had allowed the airport authority to govern land use at the airport by creating a special airport district under the county zoning ordinance.

But, in February 2010, nearly two years after the annexation, Zionsville officials notified the authority that it needed approval from the town’s planning department before obtaining construction permits.

In turn, the authority filed a complaint, which was transferred to Marion County, asking a judge to determine whether the authority had jurisdiction over its land use.

The court sided with the authority.

Zionsville appealed, however, and won.

The Indiana Court of Appeals’ opinion was written by Senior Judge Randall Shepard, who retired in March as chief justice of the state’s Supreme Court.

“The Indiana Supreme Court has held that a general unit of government maintains zoning authority within its boundaries, even as to other general governments,” Shepard wrote.

Previously known as Terry Airport, Indianapolis Executive Airport has operated since 1958.

In recent years, the airport has been improved to accommodate larger corporate jets.

Hamilton County reconstructed the airport’s main runway courtesy of a $3.4 million American Recovery and Reinvestment Act grant.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in IBJ editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT

facebook - twitter on Facebook & Twitter

Follow on TwitterFollow IBJ on Facebook:
Follow on TwitterFollow IBJ's Tweets on these topics:
 
Subscribe to IBJ
ADVERTISEMENT