Salk v. Weinraub
Decision Date | 15 June 1979 |
Docket Number | No. 479,479 |
Parties | Clifford T. SALK, Appellant, v. Leonard M. WEINRAUB, Robert W. Hunter, John L. Andreas, Hanna L. Stith, and Henry F. Rood, all as members of and constituting the Fort Wayne Redevelopment Commission of the City of Fort Wayne, Department of Redevelopment, Appellees. S 111. |
Court | Indiana Supreme Court |
Gary M. Cappelli, James R. Grossman, Grossman, Scrogham & Cappelli, Fort Wayne, for appellant.
Richard D. Robinson, Thomas D. Logan, Rothberg, Gallmeyer, Fruechtenicht & Logan, Fort Wayne, for appellees.
In August 1977, the Fort Wayne Redevelopment Commission adopted a Declaratory Resolution indicating preliminary approval of the "Civic Center Renewal Project" in downtown Fort Wayne. Pursuant to IC § 18-7-7-14 (Burns 1974), the Commission held public hearings, after which a second resolution was adopted to confirm the initial approval. Appellant filed an action in the trial court to set aside the administrative finding. The trial court affirmed the decision of the Commission in all respects. Following the filing of all briefs in the Court of Appeals, appellees filed a petition to transfer the cause under AP 4(A)(10). Because this concerns a project of great public interest requiring speedy resolution, we have granted transfer. See Hawley v. South Bend, Dept. of Redevelopment (1978) Ind., 383 N.E.2d 333. For the reasons which follow, we remand this cause to the trial court with instructions to enter special findings of fact and conclusions of law.
Appellant alleges the trial court applied the wrong review standard in adjudging the propriety of the Commission's action. Since the trial court on remand will be required to utilize a review standard, we will decide this question as herein presented. IC § 18-7-7-15 states: "the only ground of remonstrance which said court shall have jurisdiction to hear shall be the question whether the proposed project will be of public utility and benefit . . . ." However, in Indiana there is a constitutional right to judicial review of an administrative decision. Warren v. Indiana Telephone Co. (1940) 217 Ind. 93, 26 N.E.2d 399. Thus the right of the trial court to review the proceedings of the Redevelopment Commission cannot be limited to the question of public utility and benefit. Hawley v. South Bend, Dept. of Redevelopment (1978) Ind., 383 N.E.2d 333; Prunk v. Indpls. Redevelopment Comm. (1950) 228 Ind. 579, 93 N.E.2d 171. While the Warren case established standards so that review of administrative agencies would comport with the minimum requirements of due process of law, these standards have now been superseded by the Administrative Adjudication Act, IC § 4-22-1-1 Et seq. (Burns 1974). This Act applies to all agencies, boards, commissions, departments and bureaus of the State of Indiana and is intended to establish a uniform method for judicial review of administrative decisions. See IC § 4-22-1-1, 2. While the Redevelopment Commission is a local agency ostensibly not within the Act, we think the trial court in such a case should have the discretion to apply IC § 4-22-1-18:
In the case at bar the trial court applied the standards in the above statute. In so doing it found that the project would be of public utility and benefit. The trial court did not err in applying the statutory review standard.
Appellant further argues however that the trial court's findings of fact were insufficient in that the trial court in its order failed to specifically delineate in what respects appellant had failed in his burden of proof. TR 52(A) provides:
IC § 4-22-1-18 further provides:
"Said court in affirming or setting aside the decision or determination of the agency shall enter its written findings of facts, which may be informal but which shall encompass the relevant facts shown by the record, and enter of record its written decision and order or judgment."
As a general rule, the requirement of "special findings of fact" or the "relevant facts shown by the record" is taken to mean all the facts necessary for a judgment for the party in whose favor the conclusions of law are rendered. Hunter v. Milhous (1973) 159 Ind.App. 105, 305 N.E.2d 448. However, the trial court need not recite the evidence in detail so long as the ultimate facts found are stated in the findings. Eckart v. Fort Wayne, etc., Traction Co. (1914) 181 Ind. 352, 104 N.E. 762; Diedrich v. Way (1918) 67 Ind.App. 375, 119 N.E. 223.
The order entered by the trial court in the case at bar is as follows:
Paragraphs one through seven merely recite the events leading to the resolution of the issues by the trial court. Paragraphs eight, nine and ten are conclusions of law. The...
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