May 29 Legal Update

Similar to Connection Pointe, David Weekley requested an extension to respond to our petition until after the official APC record is filed. The Court granted that request, and they now have until August 3, 2026, to respond.

The Town of Brownsburg remains the Deciding Authority in this case and filed its response earlier this week.

After reviewing it, we remain confident that we have a strong case and are committed to seeing it through. A major issue in this case is whether the Court should consider the prior zoning commitments and conditions tied to the 2021 rezoning approval.

The Town argues those prior commitments should not factor into review of the February 23, 2026 approval. We strongly disagree and maintain they are central to understanding the legality of the approval itself.

As a reminder, our attorneys also requested an extension to file the official APC record because the Town is still in the process of compiling and providing the required materials. This includes lengthy meeting transcripts and other documents from the proceedings. The Court granted a deadline of July 27, 2026, for the record to be filed.

We expect briefing and oral arguments to occur sometime after that date, which remains generally consistent with the late summer timeline we previously anticipated.