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2017 Boyd v. HPC
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HPC Administrative Record
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9/6/2017 9:01:48 AM
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City Council - City Clerk
City Counci - Date
9/5/2017
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by failing to inform Mr. Boyd that his COA Application was processed and available for the <br /> public to inspect and failing to properly mail the notification of hearing to Mr. Boyd, the HPC <br /> violated the Indiana Anti-Secrecy Act and Access to Public Records Act; (4)that HPC violated <br /> its own standards and guidelines; and (5) that HPC failed to issue an individual exterior historic <br /> preservation plan for the Firehouse. These are generally spurious arguments, and not appropriate <br /> reasons for the Council to overturn HPC's denial of COA Application 2017-0602A. <br /> III. Argument <br /> A. Application No. 2017-0602A was barred by res judicata and thus correctly denied by HPC. <br /> Under Ind. Code § 36-7-11-4, a final decision of the HPC is subject to judicial review <br /> under Ind. Code § 36-7-4 as if it were a final decision of a board of zoning appeals. Therefore, <br /> appeals of HPC decisions should be treated in the same manner as if they were appeals from a <br /> zoning decision. The concept of res judicata applies to administrative proceedings, such as those <br /> before a zoning board or the HPC. Porter County Bd. of Zoning Appeals v. Bolde, 530 N.E.2d <br /> 1212 (Ind. Ct. App. 1988). Generally, "'a zoning board should not indiscriminately or <br /> repeatedly reconsider a determination denying a variance absent a change of conditions or <br /> circumstances. If it were otherwise there would be no finality to such proceedings."' Id. The <br /> same principle applies to COA Applications. For zoning board decisions, "[R]emonstrators <br /> against subsequent [] petitions may successfully assert a defense in the nature of res judicata by <br /> merely establishing the fact of the prior denial unless the petitioner proves that there has been a <br /> change in the conditions, circumstances or facts which induced the prior denial." Easley v. <br /> Metropolitan Bd. of Zoning Appeals, 161 Ind. App. 501 (Ind. Ct. App. 1974). Because, under <br /> Ind. Code § 36-7-11-4, decisions of the HPC should be treated in the same manner on review as <br /> those of boards of zoning appeals, the same principle applies here. <br /> 6 <br />
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