Marina Limited Partners applied for a zoning variance to relocate part of their 700-slip marina to a new marina to be constructed at another location on the Geist Reservoir in Hamilton County, Indiana. Marina would move 300 of its slips to the new marina. The construction of the new marina required approval of a variance by the Board of Zoning Appeals for the city of Noblesville. At the hearing, John Allen and others who owned property in the area appeared and objected to the marina's construction. They presented evidence that construction of the marina would lower their property values. There was additional evidence regarding noise, traffic, smoke, fumes, and odors. The board's staff recommended approval, but the board denied the variance. Marina Partners filed suit alleging the finding was arbitrary. Are they correct?

Question

​Marina Limited Partners applied for a zoning variance to relocate part of their 700-slip marina to a new marina to be constructed at another location on the Geist Reservoir in Hamilton County, Indiana. Marina would move 300 of its slips to the new marina. The construction of the new marina required approval of a variance by the Board of Zoning Appeals for the city of Noblesville. At the hearing, John Allen and others who owned property in the area appeared and objected to the marina's construction. They presented evidence that construction of the marina would lower their property values. There was additional evidence regarding noise, traffic, smoke, fumes, and odors. The board's staff recommended approval, but the board denied the variance. Marina Partners filed suit alleging the finding was arbitrary. Are they correct?

Quizplus · Accepted Answer

The Answer of ​Marina Limited Partners applied for a zoning variance to relocate part of their 700-slip marina to a new marina to be constructed at another location on the Geist Reservoir in Hamilton County, Indiana. Marina would move 300 of its slips to the new marina. The construction of the new marina required approval of a variance by the Board of Zoning Appeals for the city of Noblesville. At the hearing, John Allen and others who owned property in the area appeared and objected to the marina's construction. They presented evidence that construction of the marina would lower their property values. There was additional evidence regarding noise, traffic, smoke, fumes, and odors. The board's staff recommended approval, but the board denied the variance. Marina Partners filed suit alleging the finding was arbitrary. Are they correct?

​Marina Limited Partners Applied for a Zoning Variance to Relocate

Marina Limited Partners Applied for a Zoning Variance to Relocate