Zionsville Times Sentinel

February 12, 2014

Town responds to Wal-Mart brief

By Matt Werner Times Sentinel Writer
Zionsville Times Sentinel

---- — Attorneys for the Zionsville Plan Commission argue that there is no reason for two members to be deposed in the Wal-Mart lawsuit.

Brian Heck and Pat Hess, attorneys who represent the commission, filed a response Friday, Feb. 7, to Wal-Mart's brief filed a week earlier. That filing requested the deposition of Allan Rachles and Steve Mundy, who were members of the commission that denied Wal-Mart.

The commission denied the project in 2006 citing a lack of jurisdiction since some of the parcel was located in Hamilton County. Hamilton County Judge Steve Nation said the commission did have authority and ordered the project to be reconsidered in 2008. The major retailer was again denied based on concerns about drainage, setback and traffic. Wal-Mart then claims the town didn't have a legitimate reason for denying the plan and sued the commission in June 2008.

Wal-Mart wants to conduct discovery into why the commission denied its primary plat and development plan.

In the response, Heck states the question has already been answered.

See Wednesday's Times Sentinel for more on this story.