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|UNABLE TO ACCESS ONLINE SERVICES MODERN WARFARE XBOX||Issue The APC presents one issue for our review, which we restate as whether the trial court properly reversed the APC's decision rejecting preliminary plat approval and mandated the APC to approve the subdivision plat. The APC contends the trial court erred in finding that Section was invalid. Excludes recurring 1st source bank review. Therefore, we adhere to a less stringent standard of review, and the APC need only demonstrate prima facie error to obtain a reversal. However, you should be wary of high interest rates, which often come with lines of credit. Unsecured Loans If you have no collateral to use as security against a loan, you can get unsecured personal loans here as well. They also have a good 1st source bank review program.|
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We reverse and remand. Issue The APC presents one issue for our review, which we restate as whether the trial court properly reversed the APC's decision rejecting preliminary plat approval and mandated the APC to approve the subdivision plat.
Facts and Procedural History 1st Source Bank was the owner of real estate zoned for residential purposes located in Kosciusko County, Indiana. The property was located on the east side of Packerton Road, a heavily traveled county road. The subdivision plat provided for a six-lot development with six separate private drives for access onto Packerton Road.
The APC rejected 1st Source's preliminary subdivision plat for several reasons, including too many access points onto Packerton Road, the reliance on private drives rather than an interior road, and drainage issues. The APC recommended that the plat be redesigned with an interior road, which would allow at most two access points onto Packerton Road. The APC held a public hearing and subsequently denied preliminary approval for the plat.
Specifically, the APC found that the proposed subdivision plat did not conform with the Kosciusko County Subdivision Control Ordinance Section "Section " for the following reasons: 1 the plat relied on private drives rather than interior roads; and 2 there were too many access points onto Packerton Road. The APC again instructed 1st Source to revise the proposed subdivision plat so that there would be only one or two access points onto Packerton Road via an interior road.
After granting the petition, the trial court conducted a hearing and reversed the APC's decision. The trial court mandated the APC to approve the subdivision plat as proposed, with only two points of access onto Packerton Road, but no interior roadways.
This appeal ensued. Discussion and Decision In reversing the decision of the APC, the trial court found that Section was invalid because it did not provide concrete standards and thus failed to provide due process.
Having found that all of the other requirements under the Kosciusko County Subdivision Control Ordinance were met, the trial court ordered that the APC approve 1st Source's proposed subdivision plat. The APC contends the trial court erred in finding that Section was invalid. We agree. Standard of Review We note at the outset that 1st Source failed to file an appellee's brief.
Therefore, we adhere to a less stringent standard of review, and the APC need only demonstrate prima facie error to obtain a reversal. Cunningham v. Cunningham, N. Indiana Code section provides that a final decision of a plan commission relating to subdivision control may be reviewed by certiorari procedure in the same manner as that provided for when appealing a decision of a board of zoning appeals. When a party on appeal alleges that the trial court has erred in its Conclusions of Law, we review the matter de novo.
Three I Props. Validity of the Ordinance An ordinance should be interpreted so as to uphold its validity whenever possible. Burrell v. Lake County Plan Comm'n, N. In order to be valid, however, an ordinance must be precise, definite, and certain in expression. We will not construe an ordinance so as to defeat its purpose if the ordinance is sufficiently definite, such that it can be understood with reasonable certainty.
Additionally, standards required by an ordinance must be written with sufficient precision so as to give fair warning as to what the plan commission will consider in making its decision. Section provides in part: Streets: The Plan Commission shall not approve any plat unless all streets shown on it shall be of sufficient width and proper grade and shall be so located as to accommodated [sic] the problem [sic] volume of traffic thereon, provide access of fire fighting equipment to buildings, and provide a coordinated system of streets conforming to the County Transportation Plan.
Appendix of Appellant at emphasis added. The County Transportation Plan provides the following "objectives": Limit the number of points going onto County roads that might excessively impair the efficiency or safety of the road system County Roads.
Create limited accesses along primary county roads, to restrict "strip development" and traffic hazards. The County should restrict residential development which depend on private drives.
Appendix of Appellant at , In Wolff v. Mooresville Plan Comm'n, N. We concluded that the ordinance was sufficiently precise because it listed several things that would be considered when the plan commission decided to approve or deny a plat application.
We earlier approved identical ordinance language in Brant v. Custom Design Constructors Corp. Similarly, Section lists several things that the APC considers when deciding to approve or deny a plat application.
This list includes the following: 1 whether streets are of sufficient width and proper grade; 2 whether streets are so located as to accommodate the probable volume of traffic thereon; 3 whether streets provide access of fire fighting equipment to buildings; and 4 whether streets conform to the County Transportation Plan, which also includes a list of objectives. This list is sufficiently precise to give fair warning to the public as to what the plan commission would consider in approving or denying a plat application.
Therefore, Section is valid and the APC was justified in relying upon it to deny 1st Source's petition for plat approval. Conclusion Because we hold Section is valid, we reverse the trial court's decision and remand to the trial court for further proceedings consistent with this opinion.
Reversed and remanded.TD Bank consistently offers a fantastic 1st source bank review of checking accounts to cater to your banking needs. Huntington Bank has high bonus amounts available through their Checking and Business Checking. This should take only a minute to resolve. For instructions on how to perform the update contact a reputable computer professional for assistance. Discover has industry leading selections to cater to your banking needs. Savings account offers are less frequently available. Appendix of Appellant at emphasis added.
1st source bank review -
See how many are offered by 1st Source Bank to learn whether it is a good option if you have poor credit. Pre-qualify with Soft Credit Pull Applying for a loan can harm your credit score. We look for lenders who offer pre-qualification via soft credit pulls so that you can learn whether you are likely to get approved without taking that credit score hit. High Debt to Income Ratio Allowed Borrowers who have bad credit tend also to have high debt compared to their income. Line of Credit If you own your home, you can use its equity to get a line of credit.
This appears to be the only line of credit on offer. However, you should be wary of high interest rates, which often come with lines of credit. Credit Health Tools Financial education features and personal advice are available here, which can help you learn good credit habits. The bank also offers a Credit Builder loan to help people re-establish credit scores.
Hardship Programs The bank invites borrowers who have a difficult month to contact a representative for help, but there are no clear hardship programs listed online. No Prepayment Penalty Borrowers who pay loans back early will face no prepayment penalty. This is a useful tool for those of us with bad credit to avoid paying the entirety of the interest that comes with our loans. Unsecured Loans If you have no collateral to use as security against a loan, you can get unsecured personal loans here as well.
These, however, tend to have higher interest rates and credit score requirements. If a court order is required due to delinquent payments, there are also fees for that. However, its lack of transparency about its rates means that we cannot fully recommend it for people with bad credit. Alternatives for short-term personal loans include NetCredit. For larger loans, such as a home loan, consider Mr.
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