Grande Appeal Hearing Delayed

(posted May 25)

The appeal hearing for Grande Avenue's vacation has been continued to June 17. The Metropolitan Development Commission approved Allison Transmission's request to continue the appeal hearing, which will be heard by the MDC.

Ice-Miller Attorney Tim Ochs appeared before the MDC on May 20, without being docketed on the agenda, to ask for Allison's continuance. "I know this is a little bit out of the ordinary," he said, referring to his request.

He complained about not receiving notice of the appeal, which is a requirement of the Plat Committee rules. "I have been informed, although I must tell you that I have not actually received notice of an appeal of the plat committee's decision. That appeal would come to the MDC." He said the failure of notice to the petitioner that an appeal was filed is a requirement of the Plat Committee rules.

Ochs needed the continuance because the petitioner's team could not be present on June 3, but would be available on June 17. He also wanted more time to work with Public Safety Director Scott Newman on the location of a security camera.

Ochs acknowledged that not all parties were present to discuss the continuance, but he indicated that a continuance notice would be sent to inform the public and the first three people who spoke at the May 13 Plat Committee.

Senior Staff Planner Tammara Tracy supported the continuance, stating "Staff is aware that an appeal was filed by a remonstrator in the vacation petition but cannot confirm that appropriate notice of that appeal has been given to the petitioner."