Hamilton County Superior Court 2 Judge Jon Brown has ruled the City of Carmel’s Board of Zoning Appeals violated Indiana’s Open Door policy when denying a variance for the GOAT restaurant and tavern to conduct business in a residential area.
GOAT owner Kevin Paul claimed the BZA’s decision was not in compliance with Indiana statute that requires a publicly accessible meeting.
Indiana’s Public Access Counselor Luke Britt agreed with Paul’s claim. Britt confirmed the BZA’s actions occurred outside of a public meeting.
Paul filed his initial opinion in May, asking the court to reverse the BZA’s decision. Then, on July 2 following Britt’s findings, Paul filed a renewed petition.
Brown
Judge Brown wrote in his order: “The Open Door Law (ODL) requires public agencies to conduct and take official action openly, unless otherwise expressly provided by Indiana law. Ind. Code § 5-14-1.5-1. The purpose of this statute is so the people may be fully informed. The law also requires all meetings of the governing bodies of public agencies to be open at all times to allow members of the public to observe and record the proceedings.”
“The processes of approving or denying variance petitions, rezoning property, and changing ordinances, all require transparency by our elected officials. Additionally, the Carmel Board of Zoning Appeals, just like other public agencies, are subject to the provisions of Indiana’s Open Door Law,” concluded Judge Brown.
Judge Brown’s order states:
- The Carmel Board of Zoning Appeals denial of Petitioner’s request for variance is VACATED.
- The Petitioner’s request to stay the denial of the Carmel Board of Zoning Appeals’ decision is moot;
- The Court remands the Petitioner’s request for a variance to the Carmel Board of Zoning Appeals for a NEW HEARING that complies fully with Indiana’s Open Door Law. As it will be a new hearing, Petitioner’s request to supplement the existing record is moot; and
- This Court IS NOT requiring the Carmel Board of Zoning Appeals to extend any additional rights to the Petitioners not consistent with zoning laws, ordinances, and regulations currently in existence at the location of 220 2nd Street SW, Carmel, IN 46032.