HomeMy WebLinkAboutMotion to Intervene
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STATE OF INDIANA
CARMEL ADVISORY BOARD OF ZONING
APPEALS
Docket No. 04060001 A
CITY OF CARMEL
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Department of Community Services
of the City of Carmel/Clay Township
Martin Marietta Materials, Inc., flk/a
American Aggregates Corporation, a/k/a
Carmel Sand and Gravel
Motion to Intervene
COMES NOW Kingswood Homeowners Association, Inc., William McEvoy, Larry Kane,
and Greg Policka (the "Intervenors"), by counsel, and request that they be granted the
'right to intervene in the captioned matter, and in support thereof provide the following
information:
.' L Each of the Intervenors is an owner of real property located in the Kingswood
subdivision, Carmel, Indiana, which subdivision is adjacent to the land presently
occupied by the Carmel Sand Plant, the continued use of which is the subject of the
captioned matter.
2. The Intervenors believe that the resolution of the issues to be decided in the
captioned matter are of great importance to them with respect to property values,
nuisances, and enjoyment of life.
..3. The Intervenors wish to raise issues and provide information to the BZA that may
'. . ,not be raised or presented by the respondent, Martin Marietta Materials, Inc. or any
other person.
4. The Intervenors desire to receive copies of all further pleadings, motions, and
filed correspondence in this matter.
5. The Intervenors desire to have rights of appeal in the event the decision of the
BZA is deemed not to be favorable to the Intervenors.
6~ The Intervenors reserve the right to file a Brief, additional information and
exhibits, and further requests for other persons to join them as intervenors in the future.
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7. The Intervenors desire to have an opportunity to present evidence and argument
before the BZA at its scheduled June 28, 2004 hearing and at all future hearings on the
captioned matter.
WHEREFORE, the Intervenors request that the BZA vote to admit them as intervenors
in the captioned matter.
Respectfully submitted,
THRASHER BUSCHMANN GRIFFITH & VOELKEL, P.C.
attomjJJ for t~e Intervenors named above
by: ~C~~
Philip C. T~sher, attorney number 1075-49
Philip C. Thrasher, Esq.
Thrasher Buschmann Griffith & Voelkel, P.C.
151 N. Delaware St., Suite 1900
Indianapolis, IN 46204-2505
Tel: (317) 686-4773
Fax: (317) 686-4777
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CERTIFICATE OF SERVICE
I certify that a copy of the foregoing has been served on all parties listed below
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by first-class United States mail, postage pre-paid, on this / ~fh day of tf t1 t1 ~,
,
2004:
Zeft A. Weiss, Esq.
Ice Miller, LLP
One American Square
P.O. Box 82002
Indianapolis, IN 46282-0002
THRASHER BUSCHMANN GRIFFITH
& VOELKE ,P. .
by: