Zoning Board Files Suit Against 2 Property Owners
October 26, 2018 at 9:13 p.m.
Zoning Board Files Suit Against 2 Property Owners
By David [email protected]
In the first case filed Monday in Kosciusko County Superior Court I, the BZA is seeking a permanent injunction and damages against Leester England, owner of property at 12886 S. Ind. 14, Akron. It is zoned for agricultural uses.
The suit states that on or about Dec. 10, 2015, England had unlicensed vehicles, garbage, vehicle parts and other junk on the property “thereby causing a ‘junkyard’ to be in operation without obtaining the appropriate permits and/or exceptions” in violation of the zoning ordinance.
After repeated requests from the Kosciusko County Area Plan Commission and BZA, and a threat of legal action, England has not taken any steps to remedy the violation of the ordinance, the lawsuit states. It also says the BZA does not believe England will comply with the request of the Plan Commission and BZA.
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The county is asking for judgment ordering England to immediately cease and desist his violation of the ordinance, for the cost of the action and for all “further and proper relief which the premises may require.”
The zoning ordinance provides that any person who violates the ordinance may be penalized not less than $10 per day nor more than $300 per day for each day the violation continues. The lawsuit states England should be assessed penalties for each and every day such violation has existed, beginning Dec. 10, 2015, and continuing through the date of remedy of the violation, at the maximum rate of $300 per day.
The second lawsuit is against George and Karen Jackson, owners of property at 222 W. Center St., Burket. It is zoned residential.
On or about July 21, 2017, the Jacksons placed an accessory structure on the property in a platted alley without the appropriate permits and/or approval of the BZA.
After repeated requests from the Plan Commission and BZA, and after threat of legal action, the Jacksons have not taken any steps to remedy the violation of the zoning ordinance, according to the lawsuit. The county believes the Jacksons will not comply with the request.
The plaintiff asks for judgment ordering the Jacksons to immediately cease and desist the violation of the county zoning ordinance, for the costs of the action and for all further and proper relief which the premises may require.
The lawsuit also lists the financial penalty for violation of the zoning ordinance. It states the Jacksons should be assessed penalties for each and every day such violation has existed, beginning July 21, 2017, and continuing through the date of remedy of the violation, at the maximum rate of $300 per day.
In the first case filed Monday in Kosciusko County Superior Court I, the BZA is seeking a permanent injunction and damages against Leester England, owner of property at 12886 S. Ind. 14, Akron. It is zoned for agricultural uses.
The suit states that on or about Dec. 10, 2015, England had unlicensed vehicles, garbage, vehicle parts and other junk on the property “thereby causing a ‘junkyard’ to be in operation without obtaining the appropriate permits and/or exceptions” in violation of the zoning ordinance.
After repeated requests from the Kosciusko County Area Plan Commission and BZA, and a threat of legal action, England has not taken any steps to remedy the violation of the ordinance, the lawsuit states. It also says the BZA does not believe England will comply with the request of the Plan Commission and BZA.
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The county is asking for judgment ordering England to immediately cease and desist his violation of the ordinance, for the cost of the action and for all “further and proper relief which the premises may require.”
The zoning ordinance provides that any person who violates the ordinance may be penalized not less than $10 per day nor more than $300 per day for each day the violation continues. The lawsuit states England should be assessed penalties for each and every day such violation has existed, beginning Dec. 10, 2015, and continuing through the date of remedy of the violation, at the maximum rate of $300 per day.
The second lawsuit is against George and Karen Jackson, owners of property at 222 W. Center St., Burket. It is zoned residential.
On or about July 21, 2017, the Jacksons placed an accessory structure on the property in a platted alley without the appropriate permits and/or approval of the BZA.
After repeated requests from the Plan Commission and BZA, and after threat of legal action, the Jacksons have not taken any steps to remedy the violation of the zoning ordinance, according to the lawsuit. The county believes the Jacksons will not comply with the request.
The plaintiff asks for judgment ordering the Jacksons to immediately cease and desist the violation of the county zoning ordinance, for the costs of the action and for all further and proper relief which the premises may require.
The lawsuit also lists the financial penalty for violation of the zoning ordinance. It states the Jacksons should be assessed penalties for each and every day such violation has existed, beginning July 21, 2017, and continuing through the date of remedy of the violation, at the maximum rate of $300 per day.
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