The Indiana Court of Appeals will hear oral argument in Edward Rose of Indiana, LLC v. Metropolitan Board of Zoning Appeals on Friday, May 8th at 10 a.m. in Richardson Chapel at Franklin College.  A panel of Chief Judge John G. Baker, Judge L. Mark Bailey, and Judge Margret G. Robb will hear the case on appeal from Marion Superior Court.

This case involves a variance of development standards petition filed by Edward Rose of Indiana, LLC requesting a variance to legally establish an identification / informational pole sign that already existed on its property. The Metropolitan Board of Zoning Appeals denied the petition for failure to meet the burden of proof as to the three statutory criteria found in Indiana Code section 36-7-4-918.5(a).  Edward Rose appealed the BZA's decision to the trial court, which held that Edward Rose had satisfied two of the three statutory criteria but had failed to prove the third.  Edward Rose appeals the trial court's finding that it had failed to prove that strict application of the zoning ordinance would "result in practical difficulties in the use of the property."  Arguing for the appellant, Edward Rose of Indiana, LLC, will be Russell L. Brown, and arguing for the appellee, Metropolitan Board of Zoning Appeals, will be Alexander Will.

The Court hears oral argument at venues across the state to enable Hoosiers to learn about the judicial branch, and members of the audience are invited to ask questions following the submission of the case about the judicial process in Indiana.   The Court has heard more than 200 oral arguments “on the road” at law schools, colleges, high schools and county courthouses since its centennial in 2000-2001. 

The Indiana Court of Appeals is the state’s second-highest court.  It reviews appeals from trial court decisions; a decision of the Indiana Court of Appeals is final unless granted further review by the Indiana Supreme Court.  The majority of appeals filed in Indiana are decided by the Court of Appeals.