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Kosciusko County Board of Zoning Appeals has filed a civil suit in Kosciusko Circuit Court against a Warsaw property owner.
The plenary’s listed defendant is Jeffrey Christner, Middlebury, who owns real estate in the area of CR 450W, Warsaw.
According the complaint, on or about April 4, 2024, Christner caused the creation of a tract of ground that does not have at least 100 feet in width. It is also the fourth tract created under the size of 20 acres, which is in violation of the Kosciusko County Zoning Ordinance.
After repeated requests from agents of the Area Plan Commission and the BZA, and after threat of legal action, Christner has not taken any steps to remedy the violation of the Kosciusko County Zoning Ordinance, the suit states.
The BZA believes Christner will not comply with the request of the Area Plan Commission and the BZA.
The BZA is asking for judgement ordering Christner to immediately cease and desist the violation of the ordinance, for the coverage of court costs and all further and proper relief which the premises may require.
The BZA, by Director Matthew Sandy, is also requesting the court assess penalties for each and every day the violations have occurred, at the maximum rate of $300 per day.
“Any person who violates this ordinance may be penalized no less than $10 per day nor more than $300 per day for each day the violations continue,” the suit reads.
In the suit, the county BZA is being represented by Adam D. Turner.
