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A July 9 decision by the Kosciusko County Board of Zoning Appeals to allow an expansion of Wawasee Airport is being challenged in court by an adjacent property owner.
A petition for a writ of certiorari - an order commanding a judge to return records of proceedings for judicial review - was filed recently in Kosciusko Superior Court I by Don Byrd of Syracuse.
The court document alleges that the decision to approve a special exception to allow the construction of eight hangar condominiums at Wawasee Airport is an illegal expansion of a nonconforming use.
When a special exception was granted by the BZA on March 9, 1993, it was indicated that airport, owned by Stephen Hay, was a "personal-use airport," meaning that it was limited to use by the owner of the real estate and no one else.
At the July 9 hearing, it was presented that the airport is now licensed by the Indiana Department of Transportation as a "private-use airport," which allows use by the owner or other people who have his permission.
The petition asserts that this is an illegal expansion of a nonconforming use and that the BZA's decision to allow it is "arbitrary, capricious, not founded upon a factual basis in the record, not beneficial to the public health safety or welfare of the citizens of the county."
According to court documents, expanded use of the airport will "increase the number of flights, thereby causing a hardship to neighboring properties, an adverse effect on the character of the neighborhood. ... ."
Byrd's property is at the east end of the runway of Wawasee Airport.
It is also alleged that permission to build additional hangars violates provisions of Kosciusko County zoning ordinances.
The case is filed against both the BZA and Hays. Byrd's attorney is Richard K. Helm of Rockhill Pinnick LLP, Warsaw.
