A hearing concerning a construction company’s request that a judge overturn a Seymour Board of Zoning Appeals ruling involving one of its operations off State Road 11 was reset from Monday to Feb. 9.
That decision by Jackson Superior Court I Judge AmyMarie Travis came after a request from BP2 Construction LLC to delay the hearing after the firm’s Seymour lawyer Jason Smith withdrew because of a conflict of interest in the case.
Travis approved Smith’s request to withdraw and then reset the hearing to 1:30 p.m. Feb. 9. The Seymour company is now being represented by Carmel attorney Robert S. Schein and Indianapolis attorney Christopher W. Bloomer.
On Jan. 14, BP2 asked the court to review and reverse the BZA’s decision in December 2020 to deny a variance and grant the variance so BP2 can use the property in the 2300 block of North State Road 11 to store and recycle earthen fill materials, such as dirt, stone and rock.
The company contends both the BZA and the plan commission showed bias and prejudice in their votes, which prevented BP2 from having a fair and impartial hearing on the matter.
On two occasions this year, the city asked the court for an emergency hearing designed to stop BP2 from continuing work at the site pending the outcome of the judicial review.
The city’s most recent request for an emergency hearing and cease and desist order was filed Nov. 12. A similar motion was filed Oct. 26. Both motions were filed after the city’s code enforcement officer received complaints about BP2 continuing to dump materials on the property, according to court records.
That officer also went to the site in October and observed piles of concrete, dirt and cinder block debris had been dumped at the site and that concrete forms had been poured, according to court records. BP2 also had not sought a permit for the concrete work.
On Dec. 2, Travis ordered BP2 to stop using a 14-acre site along State Road 11 north of Seymour to store and recycle natural materials until at least Dec. 27.
The property, purchased by BP2 in 2017, is zoned C-1 (neighborhood commercial district), which does not allow for outside storage or industrial uses. BP2 has identified it as a good location for warehousing and recycling of natural fill material, according to court records.