HomeMy WebLinkAboutPre-Trial Order & Writ of Certiorari STATE OF INDIANA IN THE HAMILTON SUPERIOR COUR 3
SS: MS
COUNTY OF HAMILTON CAUSE NO.: 29D03- 0805-x, -565
MAR 5 2009
MIDWEST HOSPITALITY GROUP, INC., and
MOTELS OF CARMEL, LLP, HAMILT
RK 424 64) 0
OR CDURT
Petitioner,
vs. Before David K. Najjar,
Special Judge
THE CITY OF CARMEL and THE CARMEL
PLAN COMMISSION,
Respondents.
PRE -TRIAL ORDER
Comes now the parties by counsel for Pre -trial Conference and Pre -trial Order
entered as follows:
1. Estimated length of trial is 1/2 day.
2. Cause is set for Trial on August 7, 2009 at 9:00 a.m. First choice.
3. The Court will Order, by separate Order, the Cannel Plan Commission to
Compile and forward the entire record of the application process to the
Court and to all parties within 30 days of this date.
4. Petitioner shall have 45 days from the reciept of the record of the
application process from the Carmel Plan Commission to submit any
briefs to the Court and to the Respondents.
5. Respondents shall have 45 days from the receipt of the Petitioner's brief to
submit to the Court any briefs in response to the Petitioner's brief.
SO ORDERED THIS 4 DAY OF MARCH, 2009
11/2 z
David K. Najjar, /,V
Special Judge
Distribution:
E. Davis Coots
Douglas Haney
Thomas Perkins
Paul Vink
John Molitor
STATE OF INDIANA IN THE HAMILTON SUPERIOR COURT 3
SS: M r
COUNTY OF HAMILTON CAUSE NO.: 29D03-0805-14Y-565 FILED
MIDWEST HOSPITALITY GROUP, INC., and MAR 5 2009
MOTELS OF CARMEL, LLP, 6ir
H4MILT JOO
Petitioners, UR
p
vs.
Before David K. Najjar,
Special Judge
THE CITY OF CARMEL and THE CARMEL
PLAN COMMISSION,
Respondents.
WRIT OF CERTIORARI
The Petitioners having filed their Second Amended Verified Petition for Writ of
Certiorari, Writ of Mandamus, Declaratory Judgment and Expedited Hearing, and the
Respondents having filed Answers in reply to such Petitions and the Court being duly
advised, does now order as follows:
Respondent, The Cannel Plan Commission, is hereby ORDERED to compile the
entire record of the application process relating to a Development Plan Application and
Petition for Architectural Design, Landscaping, Lighting and Signing Review filed with
the City of Cannel on April 1, 2007 and June 22, 2007 by the Petitioners, Midwest
Hospitality Group, Inc. and Motels of Cannel, LLP.
Respondent, The Cannel Plan Commission, is further ORDERED to submit the
record to the Court within 30 days of this date.
Respondent, The Cannel Plan Commission, is further ORDERED to submit
copies of the compiled record to the other parties in this cause within 30 days of this date.
SO ORDERED THIS 4 DAY OF MARCH, 2009
',//32 J
2
.7
David K. Najjar,
Special Judge
Distribution:
E. Davis Coots
Douglas Haney
Thomas Perkins
Paul Vink
John Molitor