NEW ALBANY —
The city of New Albany has filed for a declaratory judgment against Floyd County regarding planning and zoning control of the two-mile fringe area.
According to court records, City Attorney Stan Robison filed the case Wednesday in Floyd Circuit Court. The Floyd County Commissioners and the Floyd County Plan Commission were named as defendants in the case.
On Tuesday, the commissioners approved a comprehensive plan amendment which incorporated the two-mile fringe area into the county’s zoning and planning domain.
The change means fringe residents and businesses would seek approval for zoning matters from the county instead of the New Albany Plan Commission. The proposal had been discussed for several weeks, and Robison had pledged to file for a declaratory judgment against the county if the commissioners approved the move.
The city believes the county doesn’t have the right to exercise planning and zoning authority in the two-mile fringe area without New Albany’s approval.
The commissioners cited a need for clear representation for fringe residents as part of the reason for taking over zoning and planning approval. Robison and Rick Fox, attorney for the commissioners, weren’t able to be immediately reached for comment Thursday evening.
According to court records, neither the county plan commission or commissioners had been served with notice of the legal case as of Thursday.
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September 6, 2012
New Albany files legal action over Floyd County fringe control
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