Judge Hunter's Finding of Fact & Conclusions of Law Granting Petitioner, City of Lebanon's Petition for Judicial Review of Zoning Decision,

Special Judge, Superior Court 2 Justin H. Hunter has ruled in the City of Lebanon’s favor regarding the City’s appeal of the Boone County Board of Zoning Appeals ruling, requiring a Special Exception for the bike park to be added at the former city landfill site.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that judgment shall be and hereby is granted in favor of the City and against Respondent. The Director’s Order and Determination Letter and the BZA’s Written Order and Findings of Fact are hereby set aside. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the BZA shall issue a new written order and findings of fact within thirty (30) days of this Order finding that no special exception is required for the City’s Project.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that there is no just reason for delay and this judgment is an express final judgment in favor of Petitioner City of Lebanon, Indiana and against Respondent Boone County, Indiana Board of Zoning Appeals.

ENTERED THIS 23rd day of November, 2021.

Honorable Justin H. Hunter
Special Judge, Boone Superior Court 2

On March 24th, City representatives went before the Boone County Board of Zoning Appeals to appeal the APC Executive Director’s decision that a Special Exception was needed to allow the recreation facility. City Engineer Kevin Krulik shared a portion of the County’s Zoning Ordinance, stating that a “Publicly Owned Park or Recreational Facility” falls in the “R-1” zoning designation, and does not require a Special Exception. After the City’s presentation, the Boone County BZA voted to uphold the County Area Plan Commission Executive Director’s recommendation, and deny the City’s appeal of the Director’s determination.

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