May 26 Legal Update

The Town of Brownsburg Advisory Plan Commission (“APC”) has filed its formal response to the Petition for Judicial Review concerning the approval of the Hawk’s Landing primary plat.

The most notable aspect of the Town’s response is its repeated attempt to narrow the scope of the case by arguing that the 2021 rezoning ordinance, the original concept plan, and related development commitments are largely irrelevant to the court’s review of the 2026 plat approval.

Throughout the filing, the APC repeatedly objects to references involving the original Lennar concept plan, the bridge connection across the creek, and the conditions tied to the rezoning ordinance, arguing those matters are “beyond the scope” of the present review.

This appears to be the central legal strategy in the case. This was also the strategy of David Weekley's attorney in the the February 23 meeting.

We maintain that the currently approved David Weekley plat materially departs from the commitments and development framework that formed the basis for the original rezoning approval. The Town’s response strongly suggests that it intends to argue that those earlier rezoning commitments were either nonbinding, modifiable without additional rezoning approval, or otherwise not pertinent to the current plat review.

The APC did not challenge standing, timeliness, venue, or exhaustion of administrative remedies. As a result, the case is expected to proceed on the merits.

The next phase of the litigation will involve preparation and filing of the certified administrative record, including staff reports, exhibits, hearing materials, and transcripts that formed the basis of the APC’s decision.

We encourage everyone to go read the entirety of the Town's response at mycase.in.gov, case #32D01-2603-PL-000059