Quality Realty & Development, the owner of a property zoned commercial on the outskirts of the Litten Estates subdivision, filed a lawsuit against the Ellettsville Plan Commission on Aug. 5. The lawsuit comes after the commission denied the company the right to build Litten Estates Apartments, a 68-unit apartment complex, at its July 7 meeting.
At that meeting, commission member David Drake motioned that the apartment complex was incompatible with the surrounding single-family homes and the topography of the property and should be rejected on those grounds. The commission unanimously agreed, even though Ellettsville Planning Department staff recommended approval.
A findings of fact filed with Monroe County on behalf of the commission stated “the density (70 units/112 bedrooms on 3.58 acres) is not compatible with the surrounding single-family residential housing.”
The findings went on to say “the development plan submitted does not provide safe and adequate ingress and egress to the development because such a high density use should not use a single-family residential street for its access. The proposed development site faces State Road 46 and any development on it other than the single-family residential should use State Road 46 for its access.”
The lawsuit claims the denial was unlawful because “the development plan is compatible with surrounding land uses because the property is zoned C-3, General Commercial, and multi-family housing is permitted by right.”
Further, it says “the plan commission, at the same meeting during which the written findings of fact were approved and accepted, considered amendments to the Ellettsville Town Ordinance that would, effectively, have their decision to deny the development plan proper and supported by the ordinance. In other words, the plan commission knows its denial of the development plan was improper and that is why it has introduced amendments to its ordinance.”
Litten Estates resident Andrew Zelhof wrote in an email to the plan commission that residents of the subdivision offered their help.
“Again, we are grateful for your thoughtful decision regarding the initial denial of this plan and we welcome the opportunity to work with you in defending your decision,” Zelhof wrote.
Quality Realty & Development is seeking “a writ of certiorari directing the plan commission to, within 30 days from the date of the petition, transmit to the court the original or certified copy of the plan commission’s record; enter an order reversing and remanding the plan commission’s decision denying approval of the development plan; and all other just and proper relief,” according to documents filed with the Monroe County Circuit Court.
Originally published in Ellettsville Journal, 2016. Republished here for archival and portfolio purposes.