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NELSON & FRANKENBERGER
JAMES J NELSON
CHARLES D. FRANKENBERGER
JAMES E. SHlNA VER
LA WRENCE 1. KEMPER
JOHN B. FLATT
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
3105 EAST 98TH STREET, SUITE 170
INDIANAPOLIS, INDIANA 46280
PHONE: 317-844-0106
FACSIMILE: 317-846-8782
www.nf-Iaw.com
FREDRIC LAWRENCE
DAVID J LICHTENBERGER
~ JESSICA S. OWENS
RECEIVED
Of Counsel
JANE B. MERRILL
ocr -.1 ~Jr.7
October l, 2007 DOCS
Angie Conn
City of Carmel
One Civic Square
Cannel. IN 46032
RE: IH Docket No. 07050016Z 116th Street Crossing PUD
Dear Angie:
Per my prior e-mail, please show this matter as formally withdrawn by the
Petitioner. Thank you.
Very trul y YOUTS,
NELSON & FRANKENBERGER
Cc--
Charles D. Frankenberger
CDF/bjt
1i:\BockJi\Zoning & Rrnl E"".o'Ilc Mnllcrsmnke' t Il'j111 Strccl'r Jr 10 ,8, Conn 100 I07.doc
Page 1 of2
Conn, Angelina V
From: Charlie Frankenberger [chalie@NF-LAW.COM]
Sent: Monday, October 01 , 2007 2:51 PM
To: Conn, Angelina V
Subject: RE: pud's & October plan commission agenda
Hi Angie,
Thank you for remembering and asking. Please note:
'1Jj._l:)gGI<.~LI2lQ,_QLQ_!2QQJ_6_Z~JJQtt}_$Jr.~~LCEQ~~j!J.g--'?JJJd.--Please show this matter as formally withdrawn. I will
send you a separate letter confirming this. As such, please do not place this on the 10/16 PC Agenda.
.;?_t:L.Jd.9_cJ<'!;lt.!:'!.Q:__QZ.Q~QJ21LZ_~~.1)Jb$lr~~1.Q[Q.$_?jo.gElJ.I:)--We are in the process of evaluating this and, as such,
please show this as still tabled and not on the 10/16 PC Agenda.
As an aside, I have a couple of questions about re-filing. In summary the PC rules state that a case withdrawn
by a petitioner cannot be placed on the docket until:
i-Six months after withdrawal, unless the case is a new case; and
2- Th ree months after withdrawal if the case is a new case.
Regarding the interpretation the words italicized, please let me know about the following:
i-Is the date on which the matter is again placed on the docket the date of the new public hearing, the date the
re-filed matter is assigned a docket number, or the date on which the re-filed matter is re-filed? In this regard,
there are about 60 days between filing and the public hearing, and it seems to me that it is most certain to
conclude that the matter is on the Plan Commission's docket when the public hearing occurs; however, of course,
we will defer to your discretion on this
2-A case is a new case if it (i) involves more land, less land, or entirely different land or (i) involves the same land,
but includes different uses or standards. All of these, of course, are a matter of degree, and the close ones would
be subject to the Department's discretion. For instance, a case in which the only change is the addition of 1 use
or the addition of .02 acres may be determined to be substantially the same and subject to the 6 month rule.
Please let me know your thoughts and, in the interim, (i) please show 2H. (96th) as tabled and not on the
10/16 PC Agenda and (ii) I will send a letter formally withdrawing 1 H (116th) so that it, too, is not on the 10/16
Agenda.
Thanks for your help.
Charles D. Frankenberger
NELSON & FRANI<ENBERGER
3105 East 98th Street, Suite 170
Indianapolis IN 46280
Phone: 317-844-0106
Fax: 317-846-8782
http://w\\!.\v.nf-Jaw.com
From: Conn, Angelina V [mailto:Aconn@carmel.in.gov]
Sent: Monday, October 01{ 2007 10:15 AM
To: Charlie Frankenberger
Subject: pud's & October plan commission agenda
10/1/2007