Fringe zoning control to stay with New Albany, Indiana Supreme Court rules

Floyd County had attempted to gain zoning and planning authority in the two-mile area just outside of New Albany, but Special Judge Roger Duvall ruled last year that the county didn’t have the right to take jurisdiction from the city.

Floyd County appealed the ruling, but the Indiana Supreme Court upheld the decision last month.

“The Supreme Court’s denial of Floyd County’s petition officially ends this controversy,” a press release issued by the city Thursday afternoon stated.

But issues remain in the fringe area, and residents who live in the zone still have questions that often go unanswered, Floyd County Attorney Rick Fox said.

Flooding seemingly amplified by more development is one of the primary concerns fringe residents face, especially those who live in the neighborhoods off Grant Line Road, Fox said.

They question the city, and they are often told it’s the county’s responsibility to fix those problems, he continued. But the city hasn’t shared a vision for what’s to happen to the fringe area in terms of providing additional services through annexation, and the county isn’t allowed to control the zoning decisions that affect stormwater issues, Fox said.

“The mere fact that the city has planning and zoning jurisdiction doesn’t change the fact that we continue to have issues that arise for residents out in that area,” he said.

There are also code issues occurring in the fringe area that residents struggle to find a government entity to take responsibility for, Fox said. Dilapidated and dangerous buildings have gone untouched for years in some cases because the city argued it wasn’t their responsibility, yet they want to remain in charge of zoning, he continued.

“We’re kind of in purgatory in this whole thing and that’s the problem for these folks,” Fox said.

The city has exercised planning and zoning jurisdiction of the fringe area for almost 50 years, the press release stated.