James B. Young v. City Franklin

Appellant is the owner of fifty (50) acres of real property located in Franklin, Indiana. The land is currently zoned by the City of Franklin for B-4 or limited business use. The undeveloped portion of the property is earning approximately $5,000 per year as farmland. Appellant petitioned the Franklin City Plan Commission to rezone 37.6 acres of his land to R-5, which would permit the development of single-family dwellings. The Plan Commission approved appellants petition and referred it to the Common council of the City of Franklin. The Common Council refused to adopt the recommendation of the Plan Commission to rezone appellants property. Appellant thereafter brought suit against the Common Council and the City of Franklin claiming that the Councils refusal to rezone his land constituted a taking of his property without due process of law. Both parties filed motions for summary judgment. The trial court granted summary judgment in favor of the City of Franklin and appellant appealed.