BZA staff to prepare findings of fact after Rainbow Trout lawsuit; status conference set for Dec. 1

TIPPECANOE COUNTY — The Tippecanoe County Area Board of Zoning Appeals on Oct. 22 reviewed draft findings of fact and procedural materials prepared in connection with a lawsuit filed by Rainbow Trout and agreed to sign the board’s counterparts.

Ryan (staff) told the board Barnes & Thornburg attorney Mark Cranley of Indianapolis will serve as principal counsel for the board in the litigation, with another attorney from the firm supporting. Eric (counsel for the board) described the purpose of the written findings: they create a record for the circuit court judge and reflect what the board considered at the earlier hearing. “The first and foremost job is to create the record for the judge,” Eric said.

Board members were asked to review the multi‑page draft and correct any factual items they believe are not supported in the record; Patrick (staff) compiled the draft by extracting facts from the hearing record, Eric said. The board will sign signature‑page counterparts so the judge receives a record that reflects the majority decision and the reasons considered by the board.

Ryan and Eric told members the circuit court judge, Sean Person, has scheduled a status conference on Dec. 1 and is expediting the case. Board members raised procedural questions about the draft language and minor typographical items; the board authorized the chair to order that the majority members’ findings be the board’s collective findings for the record, and members signed the signature pages during the meeting.

No new substantive zoning decisions were made at the meeting in connection with the lawsuit; the action was to prepare and finalize the written findings for the court record. Members were reminded the process is retrospective: the board’s written findings document what occurred at the prior hearing, not a re‑voting of the questions previously decided.