by Kevin Lilly
Pharos-Tribune
—
The city of Logansport has asked Cass Circuit Court to dismiss the case involving a local man suing to keep his lawn-care business operating out of his home.
Lisa Traylor-Wolff, attorney for the city of Logansport, filed a motion to dismiss the case brought against the Logansport Board of Zoning Appeals by Rob Denny. She stated Denny missed a deadline to take any action in the lawsuit.
Denny appealed a Jan. 19 decision by the BZA that denied him a home occupation permit. The suit, filed Feb. 17, charges that certain board members failed to recuse themselves due to having a “direct or indirect financial interest” in a zoning issue.
Traylor-Wolff argued in her motion that since Denny appealed the ruling 60 days have passed without any further action by Denny.
That, she says, is basis for a dismissal because it’s a violation of an Indiana trial rule.
Denny declined to comment on the filing of the motion.
What a favorable ruling to the dismissal request means for Denny’s business remains unclear at this point. Denny continues to operate under a restraining order issued by the court when he initiated the appeal.
A ruling may not be made by Judge Leo Burns until a Sept. 3 pre-trial conference.
Denny’s fight with the BZA began with complaints from neighbors over construction of a garage to store the equipment used for his business. At the Jan. 19 BZA meeting, Denny acknowledged that he had been operating the business without a permit, saying he was not aware that he needed one until neighbors raised the issue.
According to minutes of the meeting, at least six neighbors raised concerns about noise, increased traffic and even odors created by the business. At least two of Denny's neighbors spoke in favor of his request.
Denny’s petition accuses BZA president Dave Nicoles of a conflict of interest because he is an employee of a competing landscaping company.
The suit also accuses BZA member Chico Rodriguez of a conflict due to him serving on the Logansport Parks Board with Terry Doran, one of the neighbors who opposed Denny’s application.
Denny disagreed with the BZA decision, stating in his petition that the $12,000 garage he built behind his home at 4000 Parkmount Drive could raise property values instead of lowering them as some BZA members and some of Denny’s neighbors claimed.
Denny also argued that the BZA decision “renders him without a means of employ or income.”
• Kevin Lilly is news editor of the Pharos-Tribune. He can be reached at 574-732-5117 or kevin.lilly@pharostribune.com.
