TERRE HAUTE, Ind. (WTHI) - Developers for Cobblestone Crossings have filed a lawsuit against the Vigo County Area Planning Commission. Last week, the commission approved a rezoning request from Southern Indiana Investments. But the commission placed a condition on that approval, which developers say was illegal.
The condition in question is the commission requiring SII, the developers of Cobblestone Crossings, to build a wall between the development and Viscaya Pointe subdivision.
This wall would be similar to the one built between Cobblestone and Woodgate subdivision, and a Viscaya Pointe resident told us what's good enough for one subdivision is good enough for her and her neighbors.
"If they've given it to one part of the subdivision, to Woodgate east and south, why wouldn't they give it to Viscaya?" asked Stacy Gough.
The commission agreed, its near-unanimous decision placing the condition of the wall on further construction of apartment buildings in Cobblestone.
On Monday, residents of Woodgate and Viscaya Pointe received in the mail a copy of Southern Indiana Investment's lawsuit against the Area Plan Commission.
In the suit, SII contends the wall is illegal, plus the commission failed to provide any deficiency in the developers rezoning application.
Southern Indiana Investments further states Indiana law is clear a commission cannot place additional conditions upon approving a request.
And the most damaging language of all, the suit contends “the area plan commission's denial of the application and imposition of an additional condition not contained in zoning requirements was arbitrary, capricious, an abuse of discretion, and not in accordance with Indiana law.”
Commission attorney Joe Etling declined comment, only stating he'll review the lawsuit and act accordingly.
Meanwhile, Viscaya Pointe residents like Gough once again catch themselves in a waiting game, a game they really don't care to play.
"My thing is just give us the wall. It's $75,000. You're spending it in attorney fees. Give me the wall,” Gough said.
We also reached out to Commission President Fred Wilson, who declined comment since this litigation is pending.
We should point out Wilson was the lone dissenting vote when the commission voted on Cobblestone's voting request. We also reached out to Vice-President John Hanley, who was unavailable to respond.
A November case of armed robbery lands one man behind bars. The suspect appeared in court Monday morning.
Vincennes city leaders are moving forward, once again, to try to demolish the Executive Inn.
New rules in Indiana mean some people won't be able to count on their food stamps, like clock-work.
Charges have been filed against a mother in an Effingham County, Illinois murder case.
Officials say a 78 year old female was driving her green station wagon south on 59, near the 60 mile marker when she hit a tree.
Two people are in the Vigo County jail facing charges of burglary with deadly weapons, residential entry, and possession of various drugs and paraphernalia.