Zionsville Times Sentinel

April 16, 2014

Plan commission appeals judge's decision

By Matt Werner Times Sentinel Writer
Zionsville Times Sentinel

---- — The fight over the deposition of two Zionsville Plan Commission members still isn't over. The Zionsville Plan Commission is appealing Judge Steve Nation's decision to allow Wal-Mart to depose Alan Rachles and Steve Mundy, who were members of the commission when the major retailer's Zionsville project was denied. Nation ruled in favor of Wal-Mart last month. The commission filed Monday, April 7, a motion for an interlocutory appeal, which is an appeal made before all issues in the case are resolved. The two sides have been at odds since the project was denied in 2006 by the commission after citing a lack of jurisdiction since some of the property is located in Hamilton County. Nation ordered the project to be reconsidered in 2008, and it was denied again based on concerns about drainage, setback and traffic. Wal-Mart sued the commission later that year, claiming the commission didn't have a legitimate reason for denying the plan. In the latest motion, attorneys Brian Heck and Pat Hess, who represent the commission, say the appeal "should be permitted because it involves a substantial question of law, the early determination of which will promote a more orderly disposition of the case." Heck and Hess call into question whether Wal-Mart "can go behind the decision making body's written decision and depose individual members about the body's reasons for its decision or delve into subjective motives of the decision making body or the individual members." See Wednesday's Times Sentinel for the full story.