Society for Prevention of Cruelty to Animals & Humane Society of Delaware County, Inc. v. City of Muncie ex rel. Scroggins

769 N.E.2d 669, 2002 Ind. App. LEXIS 905, 2002 WL 1277787
CourtIndiana Court of Appeals
DecidedJune 11, 2002
DocketNo. 18A02-0201-CV-30
StatusPublished
Cited by5 cases

This text of 769 N.E.2d 669 (Society for Prevention of Cruelty to Animals & Humane Society of Delaware County, Inc. v. City of Muncie ex rel. Scroggins) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Society for Prevention of Cruelty to Animals & Humane Society of Delaware County, Inc. v. City of Muncie ex rel. Scroggins, 769 N.E.2d 669, 2002 Ind. App. LEXIS 905, 2002 WL 1277787 (Ind. Ct. App. 2002).

Opinion

[671]*671OPINION

BARNES, Judge.

Case Summary

The Society for Prevention of Cruelty to Animals and Humane Society of Delaware County (collectively "SPCA") appeal the trial court's finding that they were in violation of the City of Muncie's ("City") zoning code. We affirm.

Issue

The sole issue for our review is whether the trial court's determination that the SPCA was in violation of the zoning ordinance was erroneous.

Facts

The parties submitted the following stipulation of the facts similar to the one filed with the trial court:

1. The City of Muncie, Indiana is a Municipal Corporation existing pursuant to the laws of Indiana and I.C. 34-4-1-t, et seq.
2. The Society For Prevention of Cruelty To Animals and Humane Society of Delaware County, Inc. is an Indiana Not for Profit Corporation, in good standing and existing under the laws of the State of Indiana.
3. On the 5th day of November 1978 the City of Muncie, Indiana adopted the "City of Muncie Comprehensive Zoning Ordinance" for the regulation of land use inside the City pursuant to the provisions of 1.C. 86-7-4-1, et seq. and 1.C. 36-7-4-612. '
4. At the time of the passage of the ordinance and continuing until the present time the Society For The Prevention of Cruelty To Animals and Humane Society of Delaware County, Inc. was and is the owner, in fee simple, of real estate located at 2100 South Penn Street, Mun-cie, Indiana .
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5. That when the area surrounding the real estate owned by the SPCA was rezoned "R-1 Residence Zone," the SPCA was lawfully using the real estate as an animal shelter.
6. As a result of the passage of the zoning ordinance and of the use of the property the real estate owned by the SPCA is a "valid nonconforming use" under the provisions of ARTICLE IX of the above cited ordinance.
f 7. At the time of the passage of the ordinance there was a building located on the real estate which was used for the housing of animals.
8. The SPCA is in possession of the real estate and has recently added wire holding pens and a gravel pad approximately 45 feet by 50 feetrin size.
9. The holding pens are temporary holding pens, and the animals are not housed in the pens.

Appellant's Brief pp. 5-6 (appendix citations omitted).

On June 22, 2000, the City filed a verified complaint for Zoning Violation, Preliminary Injunction and Permanent Injunetion against the SPCA alleging that the pad and pens violated the zoning ordinance. On November 2, 2001, the parties submitted the stipulation of facts to the trial court and conducted arguments. The trial court later entered an order granting the City's requests, which states in part:

[Findings]
8. That the "City of Muncie Comprehensive Zoning Ordinance," Article IX, Section 15, Nonconforming Uses and Structures, subparagraph C, Uses of Land, provides in pertinent part: A nonconforming use of land shall not be enlarged, expanded nor extended to occupy a larger area of land than was occupied at the time of the enact[672]*672ment of the ordinance. A noneon-forming use may be extended throughout any part of an existing structure that was arranged for such use prior to the enactment of this ordinance. Such use shall not be moved in whole or in part to another location on the lot or parcel of land other than that occupied by the use at the time of the enactment of this ordinance.
9. That at the time of the passage of the ordinance, there was a building located on the real estate which was used for the housing of animals.
10. That the SPCA is in possession of the real estate and has recently added temporary wire holding pens and a gravel pad approximately 45 feet by 50 feet in size.
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[Conclusions]
2. That at the time of the passage of the "City of Muncie Comprehensive Zoning Ordinance," there was located on the real estate, owned by the SPCA, a building used for the housing of animals. There is no evidence that any other structures existed on the real estate at the time of the passage of the ordinance.
'That the addition of the pens, either temporary or permanent, and the gravel pad, is an expansion of the nonconforming use of the land.
4. ._ That in construing the ordinance, the Court gives the words "their plain, ordinary, and usual meaning, unless a contrary purpose is shown by the or-dinanee," and it is clear from the language of the statute, the language prevails and will be given effect.
5. That the addition of the gravel pad and the pens by the SPCA had caused it to occupy a larger area of land than was occupied at the time of the passage of the ordinance. The gravel pad and the pens are a violation of Article IX, Section 15, Subparagraph C of the City of Muncie Comprehensive Zoning Ordinance.
6. «That by adding the pad and the pens, the SPCA has moved the nonconforming use to another location on the real estate which was not occupied at the time of the passage of the - ordinance, and, therefore, the gravel pad and pens are in violation of Article IX, Section 15, Subparagraph C of the City of Muncie Comprehensive Zoning Ordinance.
7. That the Court concludes that the pad and pens are not accessory uses/structure permitted by the Zoning Ordinance and are not consistent with the requirements of accessory uses and structures under the Code, nor are they incidental and commonly associated with the operation of the principal use of the lot.

App. pp. 6-10. The SPCA now appeals.

Analysis

At the outset, we note that we generally review actions to enjoin zoning violations for an abuse of the trial court's discretion. See, eg., Metropolitan Dev. Comm'n v. Hair, 505 N.E.2d 116, 117 (Ind.Ct.App.1987). In cases where the trial court enters findings and conclusions in support of the judgment, the standard is two tiered. See, e.g., Metropolitan Dev. Comm'n v. Schroeder, 727 N.E.2d 742, 748 (Ind.Ct.App.2000). We first determine whether the evidence supports the findings and then whether the findings support the judgment. Id. However, as both the SPCA and the City acknowledge, the standard of review in 'this case is different because of the stipulation of facts, which [673]*673included attached exhibits, submitted by the parties below. The parties did not submit additional evidence, so- the trial court's decision was based entirely upon the stipulation. Where the decision is based upon entirely upon documentation or a stipulation by the parties, this court is in as good a position as the trial court to determine its force and effect. Williamson v. Rutana, 736 N.E.2d 1247, 1249 (Ind. Ct.App.2000); see also Fratus v.

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Bluebook (online)
769 N.E.2d 669, 2002 Ind. App. LEXIS 905, 2002 WL 1277787, Counsel Stack Legal Research, https://law.counselstack.com/opinion/society-for-prevention-of-cruelty-to-animals-humane-society-of-delaware-indctapp-2002.