TERRE HAUTE, Ind. (WTHI) - Mike Bickers has filed a complaint in regards to the decision by the Terre Haute Board of Zoning Appeals to deny his request that would allow for his proposed adult-oriented business on Terre Haute's north side.
A Verified Petition for Judicial Review was filed Thursday in Vigo County Superior Court. Bickers is asking for the court to remand the case to the Board for further consideration, or to compel a decision granting the request if it is found the approval was unlawfully withheld.
On July 3, the Board denied Bickers' special use request for the property at 3295 N. Fruitridge Avenue in Terre Haute for an adult business. A document filed with the court states the Board found an adult business at the proposed location would have "more detrimental effects on the city than the city wishes being at this particular location."
City code outlines standards for the location of adult businesses as not being within 500 feet of any property zoned for residential use; within 500 feet of any religious institution, public or private school containing any grade K-12; within 500 feet of any city park; within 500 feet of any child care/daycare; or within 500 feet of any other adult oriented business. The Board said all of these requirements were met.
The business would be within one mile from the ball fields at Terre Haute North Vigo High School, and within 500 feet from a neighboring business that didn't want Bickers' adult business in the area. Friday afternoon, Bickers’ attorney John Claussen told News 10 the Board’s decision was arbitrary and capricious because the request met the technical guidance.
Claussen said the business would be considered a dance club, similar to Coyote Ugly in West Terre Haute, which Bickers owns.