August 25 Legal Update

LEGAL UPDATE — AND A BIG THANK YOU

First things first: between money already donated and pledges we expect to receive soon, we have reached our current fundraising goal of $15,000! This community continues to show up, and we could not be more grateful.

Now, a legal update.

Weekley Homes has filed a Motion to Dismiss our Judicial Review case, arguing that the plaintiffs do not have sufficient legal standing to challenge the Plan Commission’s approval of Hawk’s Landing.

Our attorneys have now filed their response, asking the Court to deny the motion and allow our Judicial Review to proceed.

In plain English, our attorneys make several important points:

• Weekley is asking the Court to consider evidence that should not be considered at this stage. Our attorneys argue that a motion to dismiss is not the time for the Court to weigh evidence from the Plan Commission record.

• Our Petition already alleges the facts necessary for standing, including our participation in the Plan Commission proceedings, our proximity to the development and its proposed access points, and the specific traffic, safety, infrastructure, connectivity, and walkability impacts we expect to experience.

• Weekley’s own evidence may actually support our position. Materials Weekley submitted indicate that surrounding property values could be harmed by the development.

• Our attorneys dispute Weekley’s interpretation of what Indiana law requires to establish that we are “aggrieved.” They also argue that, even if the Court believes additional information is necessary, we should be allowed to amend our Petition rather than have the case dismissed.

• Our attorneys also raised public standing as an alternative basis for allowing the case to proceed.

Bottom line: Weekley is asking the Court to end our case before the Court reviews the merits of the Plan Commission’s decision.

Now, why would this be the case? Why would David Weekley not want the Court to review the official record?

Our attorneys have now used the word “disingenuous” twice in describing actions taken by David Weekley during this process. We are confident many of our neighbors would use the same word to describe their own interactions with David Weekley while Hawk’s Landing was being planned.

And remember: this is the developer that Connection Pointe Church championed as being community-focused.

David Weekley has notified the Court that it intends to file a response in support of its Motion to Dismiss by September 8. We expect the Court will then set a hearing on the motion.

All motions filed in the case are available to the public at public.courts.in.gov/mycase by searching case number 32D01-2603-PL-000059.