by Kaitlin Heinen
Daniel E. Stuckman, Sr. & Jr. v. Kosciusko County Board of Zoning Appeals
(Indiana Court of Appeals, September 25, 2012)
Ned and Bertha Stuckman purchased Lots A through K of the Lake Papakeechie Subdivision Number 2 in the 1950’s, and opened an automobile salvage yard on Lots E through K. In 1975, a Kosciusko County Zoning Ordinance took effect, and Ned and Bertha’s land was zoned residential; however, the automobile salvage yard constituted a lawful, nonconforming use so Ned and Bertha continued its operation. In the early 1980’s, Ned and Bertha cleared brush from Lots A through D and began stacking vehicles in that area. The Board investigated complaints by area residents, and the Indiana Court of Appeals eventually concluded that Ned, Bertha, and Gary (their son) had unlawfully expanded the automobile salvage yard to Lots A through D and ordered them to cease all salvage yard operations until they complied with certain restrictions.
In February 1988, Ned, Bertha, Gary, the Papakeechie Protective Association, and the Board of Zoning Appeals entered into a written Agreement, which provided that Papakeechie would join with Ned, Bertha, and Gary to file an application for an exception for modification of a preexisting, nonconforming use on Lots A through G. The Agreement placed restrictions, limitations, and covenants on the use of the property. For example, Ned, Bertha, and Gary agreed to construct a buffer mound near the edge of Koher Road. Ned, Bertha, and Gary also agreed to plant pine trees on the buffer mound to provide additional screening. All salvage yard activities were to be conducted to the east or north of the buffer mound, and vehicles were to be stacked so as not to be visible from Koher Road. In addition, Ned, Bertha, and Gary agreed to not install a sign indicating the existence of a salvage yard, except as necessary to meet state requirements. Following this Agreement, Gary filed the request for an exception for modification of a preexisting, nonconforming use, which was approved by the BZA. After Ned and Bertha died, Gary inherited Lots A through G, and his brother, Daniel Sr., inherited Lots H through K. Gary continued to operate the salvage yard on his lots, and Daniel Sr. operated Stuckman Sanitation on his lots, and with his son Daniel Jr., he also owned and operated Northern Indiana Recycling, LLC and Stuckman & Son Trucking on these lots as well. In 2008, Daniel Sr. filed a request for an exception for modification of a preexisting, nonconforming use, seeking approval for the construction of three new buildings, the installation of a scale, and the relocation of driving areas on his lots. The BZA approved these modifications.
The Indiana Court of Appeals affirmed the trial court’s ruling that Daniel Jr. did not have standing to contest the BZA’s decision. With regard to the challenge by Daniel Jr., the court stated that he does not own property adjacent to Gary’s, and he presented no evidence at the hearing to indicate an adverse effect on his property.