![]() ![]() If the commission determines that a certificate of appropriateness should not be issued, the commission shall forthwith place upon its records the reasons for the determination and may include recommendations respecting the proposed construction, reconstruction, alteration, or demolition. (b) The commission may impose any reasonable conditions, consistent with the historic preservation plan, upon the issuance of a certificate of appropriateness, including the requirement of executing and recording covenants or filing a maintenance or performance bond. ![]() East Street and sought from the Commission a certificate of appropriateness that would allow it to demolish the building then existing on that property and turn the property into a paved 1 Such a certificate is required for construction in historic areas in Marion County and is defined as follows: (a) If the commission determines that the proposed construction, reconstruction, alteration, or demolition will be appropriate, the secretary of the commission shall forthwith issue to the applicant a certificate of appropriateness. Facts Prior Litigation We recall the facts of this case-outlined in our previous opinion-as follows: In 2001, the Athenaeum Foundation acquired property at 428 N. Issue We find a single, threshold issue to be dispositive: whether Appellants had standing to seek declaratory and injunctive relief. Concluding that Appellants lack the necessary standing, we affirm the ruling of the trial court. The trial court granted a motion for judgment on the Court of Appeals of Indiana | Opinion 22A-PL-204 | Aug of 17 pleadings on the basis of Appellants’ lack of standing. After an initial appeal in which the grant of the COA was affirmed, the local homeowner’s association (“HOA”) and six residents of nearby townhomes (collectively “Appellants”) sought declaratory and injunctive relief to halt construction of Block 20. Case Summary This is the second appeal stemming from the Indianapolis Historic Preservation Commission’s (“Commission”) grant of a certificate of appropriateness (“COA”) for construction of a retail, residential, and parking project known as “Block 20” in the Lockerbie Square Historic District in Marion County. Jacobs, and The Athenaeum Foundation, Inc., Appellees-Defendants. Indianapolis Historic Preservation Commission, Daniel C. Hanley, Special Judge Trial Court Cause No. 22A-PL-204 Appeal from the Marion Superior Court The Honorable John F. Sen, and Brian Edward West, Appellants-Plaintiffs, AugCourt of Appeals Case No. Jones Bose McKinney & Evans LLP Indianapolis, Indiana ATTORNEY FOR APPELLEE – INDIANAPOLIS HISTORIC PRESERVATION COMMISSION Adam Willfond Office of Corporation Counsel Indianapolis, Indiana IN THE COURT OF APPEALS OF INDIANA Court of Appeals of Indiana | Opinion 22A-PL-204 | Aug of 17 Lockerbie Glove Company Town Home Owner’s Association, Inc., Elliot J. Pittman Ice Miller LLP Indianapolis, Indiana ATTORNEY FOR APPELLEE – THE ATHENAEUM FOUNDATION, INC. Indianapolis, Indiana ATTORNEYS FOR APPELLEE – DANIEL C. ![]() FILED Aug 30 2022, 8:39 am CLERK Indiana Supreme Court Court of Appeals and Tax Court ATTORNEY FOR APPELLANTS James K. ![]()
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