Waste station company wins court appeal

March 30, 2007

A Kalamazoo, Mich., company has won a battle in the Indiana Court of Appeals in Indianapolis to locate a solid waste transfer station and recycling facility near 86th Street and Zionsville Road.

Judge Margret Robb sided with 600 Land Inc. in its attempt to gain zoning approval for the northwest-side project. The company needed a special exception under zoning rules to operate at a former bus maintenance facility. The facility is zoned industrial.

The Metropolitan Board of Zoning Appeals withheld the exception on grounds that the facility would not be in harmony with the area. That reasoning wasn’t supported with substantial evidence, Robb said in her March 27 decision; therefore, she wrote, denying the exception was an “abuse of discretion.”

Remonstrators that tried to stop the project include Indianapolis-based Kite Realty Group, which owns a shopping center several hundred feet away, and Sybaris Club of Indianapolis, which operates a hotel in the area.

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