Metropolitan Board Zoning Appeals Marion

Sheehan Construction Companys petition for a variance from an R-1 zoning, single family residential, was denied by the Metropolitan Board of Zoning Appeals. The variance sought to construct a neighborhood convenience shopping facility at 3401-3405 East 38th Street in Indianapolis, Indiana. Sheehan petitioned the Marion County Superior Court for a judicial review of the Boards denial.[Footnote 1] It contended that the Boards denial of the variance so restricted the beneficial use of its property that the denial constituted a taking without just compensation in violation of Article 1, § 21 and § 23 of the Indiana Constitution as well as the Fifth and Fourteenth Amendments of the United States Constitution. The Marion County Superior Court reversed the Boards denial of the variance. The Boards appeal to this Court raises two issues: