HomeMy WebLinkAboutMotion for Enlargement of Time STATE OF INDIANA IN THE HAMILTON SUPERIOR COURT 3
SS:
COUNTY OF HAMILTON CAUSE NO. 29D03- 0805 -MI -565
MIDWEST HOSPITALITY GROUP, INC.,)
and MOTELS OF CARMEL, LLP,
Petitioners,
Honorable David K. Najjar, Speciaj Judge;
v.
THE CITY OF CARMEL and
THE CARMEL PLAN COMMISSION,
Respondents.
MOTION FOR ENLARGEMENT OF TIME
Respondent, the Carmel Plan Commission "Commission by counsel, moves
the Court for a six (6) day enlargement of time within which to file its return to the Writ
of Certiorari as previously ordered by the Court, based on the following:
1. That on March 4, 2009, the Court issued its Writ of Certiorari, which
ordered the Commission, within thirty (30) days, to set forth the entire
record concerning its decision on the Petitioners' applications for
Development Plan and Architectural Design, Landscaping, Lighting and
Signage approval. The Commission's time for filing its return to this Writ
has not yet expired.
2. That the Commission's official files contain more than 150 documents that
relate to the applications filed by the Petitioners, as well as several
documents that pertain to recent amendments to the Carmel Zoning
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Ordinance which may apply to the real estate involved in this case; some
of these documents are lengthy, or contain full -color drawings and
oversized site plans, and the Commission has found it necessary to make
special arrangements for copying these documents.
3. That, pursuant to Indiana Code §36 -7 -4 -1006, there is no statutory
maximum time within which a return to a writ of certiorari shall be made.
The court is to allow the board of zoning appeals or plan commission not
less than ten (10) days to make its return to a writ, and "the court may
extend the time" that it originally allows.
4. That, pursuant to the Court's Pre -Trial Order of March 4, 2009, the
Petitioner shall have 45 days from the receipt of the Commission's record
to submit its briefs to the Court and Respondents; accordingly, this
enlargement, if granted by the Court, will have no effect on the amount of
time which the Court has previously allotted to the Petitioner.
WHEREFORE, Respondent Carmel Plan Commission requests an enlargement of
time to and including April 9, 2009, within which to file an appropriate return to the Writ
of Certiorari or other pleadings or motions in this cause and for all other proper relief in
the premises.
Filed this 3 day of April, 2009.
Joh R. Molitor
ttorney for the Carmel Plan Commission
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that a copy of the foregoing Motion for
Enlargement of Time has been duly served in person on this 3 day of April, 2009, to the
following attorneys:
E. Davis Coots
COOTS HENKE WHEELER, P.C.
255 East Carmel Drive
Carmel, IN 46032 -2689
Alan S. Townsend
Paul D. Vink
BOSE MCKINNEY EVANS LLP
111 Monument Circle, Suite 2700
Indianapolis, Indiana 46204
41 k...
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John R. Molitor
John R. Molitor
9465 Counselors Row
Suite 200
Indianapolis, IN 46240
Telephone: (317) 843 -5511
Fax: (317) 843 -9999
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