Red Pine Properties filed writ of certiorari for review of Plan Commission Decision

Red Pine Properties, LLC via their lawyer, George A Leininger of Madison, IN, filed a writ of certiorari asking for the review of the Plan Commission decision from 23 January 2006. The property is located at Augusta Drive and Stateline Road in Miller Township. The proposed subdivision name was Sugar Pine. Paperwork can be found under Cause # 15C01-0603-PL-013 in the Clerk of Courts Office in Dearborn County. Date Filed was 27 March 2006, within 30 days of approval of the minutes of the January meeting. (Minutes were approved on 27 Feb 2006)
Petitioner alleges they met all the requirements for primary approval with "the only reason given by the Dearborn County Plan Commission for denying Petitioner had failed to provide adequate evidence that there was adequate sewer service available for the proposed subdivision." "Petitioner supplied the Dearborn County Plan Commission with sufficient proof that adeqate service was available from Valley Rural Utilities Company." The petition is also signed by Andy Temmel of Red Pine Properties, LLC.

[NOTE: This was the same meeting (see previous notes on the blog for Plan Commission's January 2006 meeting)where Chairman Mitter said he was strongly considering sending the letter from Floyd Ogden of VRUC to the prosecutor's office for possible fraud. There should be ample evidence in the PC file from OKI, Greendale's attorney and utility director, and the opponents that sewer service was not currently available,(and even now is not available), for that subdivision. It will be interesting to see what the court decides.]