A new lawsuit filed by several residents requests a judge to rule on the Noblesville Board of Zoning Appeals’ decision to approve a sand and gravel extraction project near Cherry Tree Meadows.
Beaver Materials’ proposal for a sand and gravel extraction site near the neighborhood was approved Oct. 5. The suit against the company was filed Nov. 1 in Hamilton County Circuit Court.
Petitioners submitted several legal issues for judicial review, stating the following:
- That the Board of Zoning Appeals made a decision that was inconsistent with and/or contrary to prior discussions and decisions on mining operations from Beaver Materials and/or Martin Marietta, another aggregate services company in Hamilton County.
- The zoning board disregarded evidence of the project being harmful to petitioners, adjacent property owners and the public.
- The zoning board disregarded evidence that the proposal would significantly impair the aesthetics of the property, the quality of life of the petitioners, the daily activity/businesses of the petitioners, property values and the water supply.
- Sand and gravel materials exist in other places throughout Hamilton County and Indiana.
- The real estate is designated as a “Preservation/Natural Area” and therefore is directly contrary to the city’s comprehensive plan.
- There would be no unnecessary hardship for Beaver Materials beyond economic and financial hardship and/or inconvenience if the project had been rejected.
- The zoning board made its decision without affording appropriate due process to petitioners and remonstrators.
Paganelli Law Group, which represents the residents, couldn’t give more information about the suit because of a policy not to discuss details of pending litigation.
Jonathan Hughes, the city attorney who advises the Board of Zoning Appeals, said the city couldn’t comment on pending or threatened litigation when Current spoke with him Oct. 23.
Beaver Materials stated they had no comment when contacted by Current.