May 11 - Steuben County judge puts stay on condo ruling

However, the ruling was put on hold because Wheat had made his ruling before the deadline for the plaintiff, Margaret Rockwood, to answer a brief from the defendants. That was expected to come May 12.

In a telephonic hearing May 6, Wheat gave Rockwood the option of allowing the court to correct its omission and permit the filing of a reply brief; file a motion to correct errors of file a notice of appeal to the Indiana Court of Appeals. Rockwood took the option of filing the brief.

Previously, on May 4, the judicial review of the Nov. 8, 2021, Steuben County Board of Zoning Appeals decision to allow the condominium project on Crooked Lake agreed with points made by attorneys for the development of Casey’s Landing and the BZA.

Rockwood, of Dublin, Ohio, filed the petition for judicial review of the BZA’s decision for Casey’s Landing, a condominium project proposed for the first basin of Crooked Lake at the former site of Casey’s Cove Marina.

Crown Point, which is the name of the addition to the lake where the condos are proposed, met all the requirements for such a development under the county’s zoning ordinance, officials said at the time. No variances for items such as setbacks or height were needed for the project.

In a previous ruling, Wheat had given Rockwood’s attorneys until May 12 to respond to briefs filed by the BZA and Crown Point.

However, the court apparently jumped the gun and issued a ruling that agreed with the BZA’s decisions and said the development was no different than any of the other housing units on the lake in that its purpose was to provide living space or seasonal living for people. Wheat also wrote that the development would not be “injurious to the public health, safety and general welfare of the community.”

The ruling also said with the development eliminating Casey’s Cove Marina — which operated not only a marina, but boat dock rental for more than two dozen boats and a ramp for public use for a fee — would reduce boat traffic on Crooked Lake.

“The Court concludes that the evidence of record supports the finding of the BZA that granting Crown Point’s requested Special Exception will not be contrary to the general purposes served by the zoning ordinance, and will not permanently injure other property in the vicinity,” the ruling said. “The Court concludes that the evidence of record supports the finding of the BZA that granting Crown Point’s requested Special Exception will be consistent with the character of the zoning district and recommendations of the Comprehensive Plan.”