Latest news with #Fishers-based
Chicago Tribune
4 days ago
- Business
- Chicago Tribune
Federal appeals court affirms Highland's refusal to OK drug treatment center
The Town of Highland won't be getting a drug treatment center after the company that wanted to establish it lost its final appeal. The United States Court of Appeals for the Seventh District in a decision filed August 1 ruled in favor of the town after Fishers-based Chosen Consulting LLC alleged Highland 'discriminated against patients with addiction-related ailments by refusing to provide a letter stating that Chosen's proposed use of its property complies with local zoning requirements.' The group claimed the action violated the Americans with Disabilities Act and Rehabilitation Act of 1973 and sought $9 million in damages, Town Attorney John Reed said. Chosen bought the former Highland Nursing and Rehabilitation Center, 9630 5th Ave., in April 2019 and met with Building Commissioner Ken Mika that July to present plans for an in-patient drug rehabilitation facility, the Post-Tribune previously reported. The property on which the building resides is currently zoned R-1 residential, Mika said at the time, but the nursing home had been grandfathered in. To run a drug rehab, Chosen needed a letter from the Town stating that Chosen's proposed use of the property satisfies local zoning requirements to present to the Indiana Family and Social Services Administration to get a new license, according to court documents. Mika and then Councilman Mark Herak, D-2, told the representative it would have to first get a use variance from the Board of Zoning Appeals, which had the authority to grant a 'favorable' or 'unfavorable' recommendation; the town would then have to approve the BZA's recommendation. Chosen, according to the decision, never went before the BZA to get the variance, but in the fall of 2019 requested the Town send the letter 'affirming that its proposed use conformed with the property's alleged 'existing legal nonconforming use' under Ordinance No. 645.' The Town didn't issue the requested letter, and in March 2020, Mika and Herak met with Chosen representative Melissa Durkin and reiterated that Chosen would have to seek a use variance. Chosen still didn't, according to the decision, so in May of 2020, Reed emailed a draft letter to Chosen explaining that it shouldn't count on ever receiving the FSSA letter because the council didn't give him approval to send it, the decision said. Reed's draft also said that 'in the Town's opinion, 'the proposed use as a residential addiction treatment facility is permitted as a legal non-conforming use,' but no formal letter was ever issued.' The following month, Durkin emailed Herak to have all call to talk about 'where they were in the process,' to which Herak said 'there was nothing on the BZA's docket, and that '[t]he town attorney did say he didn't think it was a protected class and a drug rehab doesn't fall under nursing care,' nor was he aware 'of any letter, either … being drafted or agreed to,'' the decision reads. Additionally, then-Town Council President Mark Schocke, R-3 — whose wife taught at a school near the property, was 'opposed to the idea' and 'had 'brow beate[n] the town attorney and he's changed his opinion.'' Chosen in June 2020 filed action requesting a declaratory judgment regarding proper zoning, including declarations that '[t]he Property is properly zoned and may continue to operate as a legal nonconforming use' and that Chosen is 'entitled to obtain the requested documentation of its legal nonconforming use,' the decision reads. The district court granted judgment on the pleadings on this count, reasoning that it did not have jurisdiction because Chosen had not obtained a final decision from the local zoning authorities. The complaint also alleged that 'the Town has discriminated against disabled individuals by failing to provide the requested letter in violation of Title II of the ADA and Section 504 of the Rehabilitation Act' and requested compensatory and equitable relief, including the entry of a permanent injunction ordering the Town 'to stop obstructing [Chosen's] access to the Property for purposes of serving patients as a certified sub-acute facility and compelling issuance of the requested letter and [a] declaration that the proposed use of the Property as a sub-acute facility meets all zoning requirements,' the decision said. The Town later filed a motion for summary judgment on this count, which the district court granted because 'Chosen was required to exhaust its available remedies under local and state law before pursuing injunctive relief related to a local zoning process.' 'Until Chosen has properly pursued the Town's approval and the Town has decided whether it will permit Chosen's proposed use, this dispute is not ripe (for adjudication),' the decision said. Reed said that the suit was a 'very long and expensive road of litigation' and was glad to see Highland prevail, though he disagrees with Chosen's version of the situation. 'While the Town is thrilled by the decision and grateful to the District and 7th Circuit Courts to be vindicated, we are equally disappointed at being accused of discriminatory behavior when nothing could've been further from the truth,' Reed said.
Yahoo
16-05-2025
- Business
- Yahoo
Proposal for 354 homes along SR 32 has Noblesville City Council worried about high density
A Noblesville residential development of 354 homes proposed on the northeast side along State Road 32, with homes selling for as much as $800,000, sparked some questions about the project's density. An attorney for Fishers-based Boomerang Development said the Parks Crossings homes would be of different styles and values and, therefore, 'multigenerational." 'You can move up in the neighborhood, you can stay with your friend network, that's unique in Noblesville,' said Jon Dobosiewicz, of Nelson & Frankenberger in Carmel. The project, by home builder DR Horton, of Texas, would be on 124 acres between SR 32 and 181st Street east of where SR 32 and State Road 38 meet near Promise Road. One section of the development will have 58 of the most expensive 'luxury' homes, Dobosiewicz said, selling for $600,000 to $800,000. Another 115 homes built as ranch or two-story, will be priced between $375,000 and $500,000. Sixty-six homes will be two-family villas for older residents, selling for $325,000 to $400,000. The largest grouping of homes, 120, will be the cheapest. The two-story townhouses would sell for $300,000 to $375,000. The complex would have a large pond along SR 32 next to the main entrance, a swimming pool, sports courts, garden plots, "ample dog parks" and outdoor space. Some councilors expressed concern about the number of homes in the development with the addition of the large townhouse section. 'I just feel like we've had quit a few of these very dense neighborhoods over the years and I just worry about … keeping up with public safety as fast as we're growing,' Councilor Mark Boice said. 'So I would ask for us to move with caution when we look at these high-density neighborhoods. It makes me scared to think of them coming at us this quickly.' Councilor Scott Thurston said concerns about density aside, he liked the plans for the villas and the outdoor area. 'I do like the duplex product coming here. I don't think we have a lot of them,' he said. Thurston said he would like to see several open spaces — rather than one central green —, within the development, likening them to 'pocket parks or sitting areas.' 'More areas for a community to gather as a community within a community,' he said. The proposal will now go to the Plan Commission for consideration before heading back to the council for a vote. Call IndyStar reporter John Tuohy at 317-444-6418 or email him at Follow him on Facebook and X/Twitter. This article originally appeared on Indianapolis Star: Noblesville City Council concerned about density in SR 32 housing plan
Indianapolis Star
16-05-2025
- Business
- Indianapolis Star
Proposal for 354 homes along SR 32 has Noblesville City Council worried about high density
A Noblesville residential development of 354 homes proposed on the northeast side along State Road 32, with homes selling for as much as $800,000, sparked some questions about the project's density. An attorney for Fishers-based Boomerang Development said the Parks Crossings homes would be of different styles and values and, therefore, 'multigenerational." 'You can move up in the neighborhood, you can stay with your friend network, that's unique in Noblesville,' said Jon Dobosiewicz, of Nelson & Frankenberger in Carmel. The project, by home builder DR Horton, of Texas, would be on 124 acres between SR 32 and 181st Street east of where SR 32 and State Road 38 meet near Promise Road. One section of the development will have 58 of the most expensive 'luxury' homes, Dobosiewicz said, selling for $600,000 to $800,000. Another 115 homes built as ranch or two-story, will be priced between $375,000 and $500,000. Sixty-six homes will be two-family villas for older residents, selling for $325,000 to $400,000. The largest grouping of homes, 120, will be the cheapest. The two-story townhouses would sell for $300,000 to $375,000. The complex would have a large pond along SR 32 next to the main entrance, a swimming pool, sports courts, garden plots, "ample dog parks" and outdoor space. Some councilors expressed concern about the number of homes in the development with the addition of the large townhouse section. 'I just feel like we've had quit a few of these very dense neighborhoods over the years and I just worry about … keeping up with public safety as fast as we're growing,' Councilor Mark Boice said. 'So I would ask for us to move with caution when we look at these high-density neighborhoods. It makes me scared to think of them coming at us this quickly.' Councilor Scott Thurston said concerns about density aside, he liked the plans for the villas and the outdoor area. 'I do like the duplex product coming here. I don't think we have a lot of them,' he said. Thurston said he would like to see several open spaces — rather than one central green —, within the development, likening them to 'pocket parks or sitting areas.' 'More areas for a community to gather as a community within a community,' he said. The proposal will now go to the Plan Commission for consideration before heading back to the council for a vote.
Yahoo
16-05-2025
- Business
- Yahoo
Proposal for 354 homes along SR 32 has Noblesville City Council worried about high density
A Noblesville residential development of 354 homes proposed on the northeast side along State Road 32, with homes selling for as much as $800,000, sparked some questions about the project's density. An attorney for Fishers-based Boomerang Development said the Parks Crossings homes would be of different styles and values and, therefore, 'multigenerational." 'You can move up in the neighborhood, you can stay with your friend network, that's unique in Noblesville,' said Jon Dobosiewicz, of Nelson & Frankenberger in Carmel. The project, by home builder DR Horton, of Texas, would be on 124 acres between SR 32 and 181st Street east of where SR 32 and State Road 38 meet near Promise Road. One section of the development will have 58 of the most expensive 'luxury' homes, Dobosiewicz said, selling for $600,000 to $800,000. Another 115 homes built as ranch or two-story, will be priced between $375,000 and $500,000. Sixty-six homes will be two-family villas for older residents, selling for $325,000 to $400,000. The largest grouping of homes, 120, will be the cheapest. The two-story townhouses would sell for $300,000 to $375,000. The complex would have a large pond along SR 32 next to the main entrance, a swimming pool, sports courts, garden plots, "ample dog parks" and outdoor space. Some councilors expressed concern about the number of homes in the development with the addition of the large townhouse section. 'I just feel like we've had quit a few of these very dense neighborhoods over the years and I just worry about … keeping up with public safety as fast as we're growing,' Councilor Mark Boice said. 'So I would ask for us to move with caution when we look at these high-density neighborhoods. It makes me scared to think of them coming at us this quickly.' Councilor Scott Thurston said concerns about density aside, he liked the plans for the villas and the outdoor area. 'I do like the duplex product coming here. I don't think we have a lot of them,' he said. Thurston said he would like to see several open spaces — rather than one central green —, within the development, likening them to 'pocket parks or sitting areas.' 'More areas for a community to gather as a community within a community,' he said. The proposal will now go to the Plan Commission for consideration before heading back to the council for a vote. Call IndyStar reporter John Tuohy at 317-444-6418 or email him at Follow him on Facebook and X/Twitter. This article originally appeared on Indianapolis Star: Noblesville City Council concerned about density in SR 32 housing plan
Indianapolis Star
01-05-2025
- Entertainment
- Indianapolis Star
April restaurant openings, closings: Storied Speedway cafeteria closes, St. Elmo spinoffs open
Spring is nothing if not a time for renewal. Indianapolis' dining scene was no exception in April, sprouting a handful of new eateries while others said good-bye. Arrivals around the city included iconic Indy steaks at the airport and Mexican fare in Greenwood, while a longtime Speedway hangout closed its doors after six decades. Here are some of the Indy-area restaurants that opened and closed in April. Restaurants that opened in April 1933 Lounge Carmel 175 S. Rangeline Road, Carmel, (317) 751-1933, opened April 1 Named for the year that Prohibition ended in the United States, the 1933 Lounge is a speakeasy-style bar and eatery from the culinary group behind St. Elmo. The restaurant features a variety of traditional steakhouse fare — including its sister restaurant's signature shrimp cocktail — alongside a full bar in Carmel's Arts and Design District. The Carmel location was 1933 Lounge's third to launch, following one above the original St. Elmo downtown and a second in Fishers. Verde Flavors of Mexico Greenwood 1251 U.S. Highway 31 N., Greenwood, (317) 893-4084, opened April 3 The fifth location of Fishers-based mini-chain Verde opened at the Greenwood Park Mall in early April, bringing the brand's upscale take on Mexican cuisine south of Indy. Verde's menu includes meat-forward entrées like carne asada ($43) and seafood paella ($29), tacos whose toppings range from skirt steak ($22) to octopus ($17) and dishes familiar to Westerners including burritos, fajitas and enchiladas. 1933 Lounge and HC Tavern + Kitchen at the Indianapolis International Airport 7800 Col. H. Weir Cook Memorial Drive, (317) 241-0533, opened April 11 Less than two weeks after the 1933 Lounge's third location arrived in Carmel, the restaurant set up shop in Concourse B of the Indianapolis Airport along with Huse Culinary 's HC Tavern. The amalgamated eatery serves abridged versions of both restaurants' menus, leaning into small plates and handheld foods with a few classic steakhouse entrées. The airport restaurant, which is open from 5 a.m. to 9 p.m. daily, also features grab-and-go options and a full bar. The Spark on Bridge 350 Bridge St., Mooresville, opened April 18 Following The Spark on Main, which opened in Speedway four years ago, The Spark on Bridge brings the brand's lineup of java and pastries to Mooresville in a roomy industrial chic venue that doubles as a coworking space. Restaurants that closed in April MCL Speedway 6002 Crawfordsville Road, closed April 20 The Speedway location of MCL Restaurant and Bakery concluded its six-decade run in the world's racing capital on Easter Sunday. While the brand is regionally famed for its fried chicken, pie and assorted Americana comfort food, the Speedway location was also a popular hangout for some of IndyCar's biggest names over the years. Coal Yard Coffee 400 S. Ritter Ave., closed April 27 After 13 years of slinging java, Coal Yard Coffee announced the end of its run in Irvington. Per the shop's Facebook, the space on South Ritter Avenue will reopen after a "brief" hiatus as Wild Child Coffee, which will retain some Coal Yard staffers.
