Equicor Development, Inc. v. WESTFIELD-WASHINGTON TP. PLAN COM'N
| Decision Date | 18 July 2000 |
| Docket Number | No. 29A02-9909-CV-661.,29A02-9909-CV-661. |
| Citation | 732 N.E.2d 215 |
| Parties | EQUICOR DEVELOPMENT, INC., an Indiana Corporation, Thomas E. Goins, and Stephen Roudebush, Appellants-Petitioners, v. The WESTFIELD-WASHINGTON TOWNSHIP PLAN COMMISSION, Appellee-Respondent. |
| Court | Indiana Appellate Court |
James P. Moloy, Joseph D. Calderon, Dann, Pecar, Newman & Kleiman, P.C., Indianapolis, Indiana, Attorneys for Appellants.
Brian J. Zaiger, Church, Church, Hittle & Antrim, Noblesville, Indiana, Attorney for Appellee.
Equicor Development, Inc., Thomas E. Goins, and Stephen Roudebush (collectively referred to as "the plaintiffs") appeal the trial court's denial of their Writ of Certiorari by which they sought a court order compelling the Westfield-Washington Township Plan Commission (the "Plan Commission") to grant primary approval of a proposed subdivision plat. We reverse.
The plaintiffs raise the following consolidated and restated issues for our review:
1. Whether there was substantial evidence to support the Plan Commission's denial of Equicor's primary plat; and
2. Whether the Plan Commission's denial of Equicor's primary plat was "arbitrary and capricious."
The facts most favorable to the trial court's judgment reveal that Goins and Roudebush own approximately 27.2 acres in Hamilton County. Equicor, an Indiana corporation engaged in the business of residential development, entered into a contract to purchase the property in order to develop a residential community, the Ashfield subdivision. The property is currently zoned SF-3, a medium density residential zoning classification under Section 110 of the Westfield Township Zoning Ordinance (the "Local Zoning Ordinance"). Under this classification, 27.2 acres of property can sustain eighty-two (82) lots.
In late February of 1998, Equicor submitted its application for a proposed primary plat to the Plan Commission for preliminary plat approval to develop the 27.2 acres of property in accordance with Section 110 of the Local Zoning Ordinance which regulates "Cluster Housing Development." The proposed primary plat did not request any special exceptions, uses, variances, or zoning changes. On March 4, 1998, the Technical Advisory Committee reviewed Equicor's primary plat, concluding that the plat needed no changes. Thereafter, the Plan Commission's staff determined that Equicor's proposed primary plat should be approved by the Commission. On March 9, 1998, the Plan Commission submitted to the town council a proposed amendment to Title 16-Land Use Controls, an amendment which would effectively suspend Section 110 of the Local Zoning Ordinance. Thereafter, the Plan Commission published notice in the local newspaper that it would conduct a public hearing on March 23, 1998, to discuss Equicor's primary plat.
At the public hearing on March 23, 1998, the Plan Commission approved the suspension of Section 110 of the Local Zoning Ordinance which regulated "Cluster Housing Developments." However, the Plan Commission determined that Equicor's proposed primary plat was grandfathered-in and Equicor could proceed to obtain approval of the plat under the Section 110 of the Local Zoning Ordinance. Subsequently, several Plan Commission members and homeowners of property adjacent to the proposed subdivision voiced concern about the density of the Ashfield development. Consequently, the Plan Commission referred the proposed primary plat to the Subdivision Committee for in-depth review. On April 13, 1998, the Westfield Town Council approved the Plan Commission's proposed amendment suspending the availability of the "Cluster Housing Development" under the Local Zoning Ordinance. However, the suspension amendment did not affect Equicor's proposed primary plat because it was currently on file pursuant to the "Cluster Housing Development," and the amendment only had prospective application.
On April 15, 1998, the Subdivision Committee reviewed the proposed primary plat, recommending that the primary plat be revised to collect green belt space along the lake on the property, to stub a road, and to straighten out angles on a street. On April 23, 1998, the Subdivision Committee reviewed the recommended changes made to the primary plat by Equicor, then referred the plat to the Plan Commission for final review.
On March 26, 1998 the Plan Commission reviewed the revised primary plat. After some discussion, the Plan Commission voted in favor of a motion denying approval of the revised primary plat.2 Although each Plan Commission member who approved the motion to deny the primary plat stated his or her reasons on the record at the time of the vote, the Commission did not make any written findings stating its reasons for denying the application. However, the Plan Commission orally informed Equicor that the primary plat was deficient because the number and location of parking spaces was not designated on the plat. On June 24, 1998, Equicor filed a Petition For Writ Of Certiorari with the trial court alleging that the Plan Commission's decision was "arbitrary, capricious, illegal, and contrary to law" on a number of grounds. After conducting a hearing on the petition, the trial court affirmed the Plan Commission's decision. Thereafter, on June 1, 1999, the plaintiffs filed a Motion to Correct Errors with the trial court, a motion which the court later denied. This appeal ensued.
When an aggrieved party seeks relief in a trial court from an adverse administrative determination and attacks the evidentiary support for the agency's findings, he bears the burden of demonstrating that the agency's conclusions are "clearly erroneous." Town of Beverly Shores v. Bagnall, 590 N.E.2d 1059, 1061 (Ind.1992). A reviewing court may vacate a board or commission's decision only if the evidence, when viewed as a whole, demonstrates that the conclusions reached by it are clearly erroneous. Id. Such a standard naturally requires great deference toward the administrative board by the reviewing court when the petition challenges findings of fact or the application of the facts to the law. Id. However, if the allegation is that the commission committed an error of law, no such deference is afforded and reversal by the trial court is appropriate if error of law is demonstrated. Id.
In reviewing the decision of a zoning board or commission, this court is bound by the same standard as the trial court. Van Scoik v. Kosciusko County Bd. of Zoning Appeals, 598 N.E.2d 594, 595 (Ind.Ct.App.1992), trans. denied. There is a presumption that determinations of a zoning board, as an administrative agency with expertise in the area of zoning problems, are correct and should not be overturned unless they are arbitrary, capricious, or an abuse of discretion. Id. Thus, a reviewing court does not conduct a trial de novo, even though evidence may have been taken to supplement the Writ Of Certiorari and return, and may not substitute its decision for that of the board. Id. If the plan commission's decision is correct on any of the grounds stated for disapproval, its decision should be sustained. Bagnall, 590 N.E.2d at 1062.
The plaintiffs first contend that there was insufficient evidence to support the Plan Commission's decision to deny Equicor's primary plat. We disagree.
Equicor's application requesting primary plat approval for the proposed subdivision was governed by the "Subdivision Control" provisions found in Indiana Code sections 36-7-4-700 through -713. Pursuant to this statute, the local legislative body must adopt an ordinance which regulates the subdivision of land in its zoning districts and which provides "concrete standards." Ind.Code § 36-7-4-702; Cundiff v. Schmitt Dev. Co., 649 N.E.2d 1063, 1066 (Ind.Ct.App.1995). The purpose of these standards is to provide protection to both developers and landowners and to give "fair warning as to what the local plan commission would consider when reviewing a preliminary plat." Burrell v. Lake County Plan Comm'n, 624 N.E.2d 526, 530 (Ind.Ct.App.1993), trans. denied. In deciding whether to grant an application for primary plat approval under this scheme, the plan commission is required to "determine if the plat or subdivision qualifies for primary approval under the standards prescribed by the subdivision control ordinance." Ind.Code § 36-7-4-702(a). If, after a hearing, the plan commission determines that the application and plat comply with the standards in the subdivision control ordinance, then it shall make written findings and a decision granting primary approval to the plat. Ind.Code § 36-7-4-707.
Section 110 of the Local Zoning Ordinance which governs "Cluster Housing Developments," requires that each development must have two (2) on-site and one-half (½) offsite parking spaces available per 1-3 bedroom unit, excluding garages and carports. R. 59. Furthermore, the Zoning Ordinance provides that:
[a] primary and final plat for the cluster housing development shall be submitted for approval by the Plan Commission. As further requirements, the primary plat shall include: the number and location of all parking spaces.
R. 60. Equicor failed to designate the number and location of parking spaces on its primary plat. The seven Plan Commission members who voted to deny the primary plat based their decision primarily on the failure of Equicor to list the number and location of the parking spaces.3 R 380. Because Equicor failed to list the number and location of all the parking spaces on the primary plat, we believe that there exists substantial evidence to support the Plan Commission's decision to deny approval of Equicor's primary plat.
The plaintiffs also contend that the Plan Commission's decision to deny Equicor's primary plat was "arbitrary and capricious," despite the existence of...
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Equicor Dev., Inc. v. Westfield-Washington Tp. Plan Com'n
...evidence supporting the Commission's denial of Equicor's plat, but nevertheless reversed. Equicor Dev., Inc. v. Westfield-Washington Township Plan Comm'n, 732 N.E.2d 215 (Ind.Ct.App.2000). The Court of Appeals found the Commission's decision was "arbitrary and capricious" because the Commis......