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New Harmony tables nonconforming‑use hearing after representative says she lacked requested information
Summary
The Town Council unanimously voted to table a Non‑Conforming Use Determination to March 4 after a representative for the Millard family said she had not been given materials needed to prepare; the town attorney said the burden of proof rested with the challenger.
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The New Harmony Town Council on Feb. 4 unanimously voted to table a public hearing on a Non‑Conforming Use Determination until its March 4 meeting after a representative for the property owners said she had not received information she had requested.
At the start of the hearing, Spencer Thomas, introduced as an attorney, outlined the state‑law standard the council would use to evaluate whether an existing use could continue. Debra Stillman, speaking on behalf of the Millard family, told the council she had not been provided the information she requested and asked the council to postpone the matter to allow time for a proper review and response.
Thomas replied that, based on the legal standard he described, the burden of proof on a non‑conforming‑use claim rests with the party challenging the status quo. A person identified in the record as Millard said she had already reduced the number of animals at the property and indicated she would continue reductions as needed.
After public comment, Councilmember Travis Batty moved to close the hearing; Councilmember James Pace seconded and the council voted unanimously to close the hearing. The council then voted, on a motion by Councilmember Allan seconded by Councilmember Pace, to table the non‑conforming‑use determination to the March 4 meeting.
The minutes record no roll‑call tallies; motions were recorded as unanimous. The council did not announce additional evidentiary deadlines at the meeting. The item will return to the council agenda on March 4 for further consideration.
