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Airport zoning lawsuit headed to mediation PDF Print E-mail
Thursday, 17 June 2010 07:21pm
INDYSTAR.COM
Posted: June 4, 2010

Zionsville -- A lawsuit over zoning at the Hamilton County-owned Indianapolis Executive Airport is scheduled to go to mediation June 29.

The Hamilton County Airport Authority, which filed the suit, and Zionsville officials, who zone the airport's land because it's in the town's new boundaries, have said they would like to avoid the costs of a long legal battle, but it's not certain whether they'll be able to settle out of court.

"We're all keeping an open mind," said Bryan Babb, a Bose McKinney and Evans attorney representing the Airport Authority in the case.

Though the suit was filed in Hamilton County, it is now in a Marion County court. Both sides agreed to the change in April.

The Airport Authority filed the suit in February because it wants to be in charge of planning and zoning for the property it owns and it fears Zionsville might not allow future expansion projects.

A clear decision on zoning authority could make it easier for the airport to secure federal funding for those projects, said Mike Howard, the Airport Authority's legal counsel.

The Airport Authority entered into covenants with Boone County, which also is named as a defendant in the suit, only because it was an airport board when it bought the airport in 2003 and couldn't legally zone land. Now that it has more power, it wants to be able to improve its property without needing permission, Howard said.

Zionsville took over planning and zoning for the airport this year when the town merged with Eagle Township and Union Township, where the airport is located.
 
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