STATE OF INDIANA
COUNTY OF STARKE
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IN THE STARKE CIRCUIT COURT
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KNOX, INDIANA
HARRY MARANOWICZ, SANDI
MARANOWICZ, JERRY DANFORD, and
MARY DANFORD, individually, and as
members of KANKAKEE VALLEY-STOP
THE ETHANOL PLANT,
Petitioners,
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v.
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STARKE COUNTY BOARD OF ZONING )
APPEALS,
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Respondent.
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CAUSE NO: 75C01-0712-PL00046
VERIFIED PETITION FOR WRIT OF CERTIORARI
Petitioners, HARRY MARANOWICZ, SANDI MARANOWICZ (collectively “the
Maranowiczs”), and JERRY DANFORD, MARY DANFORD (collectively “the Danfords”),
each individually, and as members of KANKAKEE VALLEY-STOP THE ETHANOL PLANT
(“KV-STEP”), and KV-STEP, by counsel, Legal Environmental Aid Foundation of Indiana, Inc.,
pursuant to Ind. Code § 36-7-4-1003(a), respectfully submit to the Court this Verified Petition
for Writ of Certiorari (the “Petition”). Petitioners request this Court to issue a Writ of Certiorari
to Respondent, STARKE COUNTY BOARD OF ZONING APPEALS (the “BZA”), to cause to
be certified to the Court for review, all proceedings, documents, papers, testimony (whether
electronically recorded or otherwise), minutes, and all other materials entered, reviewed by, and
filed with, the BZA (collectively, the “BZA Record”) relating to the BZA’s decision made on
November 15, 2007 on the request of Bio-Energy Development Co., LLC’s (“Bio-Energy”) for a
conditional use (the “decision”). The BZA record should also include all written communications
to, from, and among members of the BZA, all staff members of the BZA, and their agents,
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representatives and attorneys (not privileged), relating to the decision, and including all such
documents relating to Bio-Energy’s request for a conditional use.
In support of the Petition, the Maranowiczs, the Danfords, and KV-STEP state as
follows:
1. The subject real estate is owned by August L. Wickert and Elaine M. Wickert (Trust) and
located on the northeast corner of the intersection of 500 South and U.S. Highway 421 in the
Township of San Pierre, Indiana.
2. The Maranowiczs own property located directly adjacent to the subject real estate, have
an interest in the proposed development of an ethanol plant on the subject real estate, and are
adversely affected and aggrieved by the decision of the BZA; they appeared and spoke as
remonstrators at the public hearing before the BZA in this matter.
3. The Danfords own property located directly adjacent to the subject real estate. They have
an interest in the proposed development of an ethanol plant on the subject real estate and are
adversely affected and aggrieved by the decision of the BZA; they appeared and spoke as
remonstrators at the public hearing before the BZA in this matter.
4. KV-STEP is an ad-hoc group with over two hundred (200) members, including the
Maranowiczs and the Danfords, who reside, work and recreate in and around the subject real
estate, are adversely affected and aggrieved by the BZA decision; KV-STEP’s members
appeared and spoke as remonstrators at the public hearing before the BZA in this matter.
5. The applicant, Bio-Energy, by Robert Swain, Jerry Humphrey, and Robert Riley, applied
for a conditional use to permit the building of a 27 million gallon waste ethanol plant (“ethanol
plant”) on the subject real estate, zoned for agriculture.
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6. On November 15, 2007, the Starke County BZA held a hearing on the application of BioEnergy and at the conclusion of the hearing, voted to approve the application and issue written
findings and conclusions.
7. No written findings and conclusions encompassing the BZA’s complete decision, as
required by Ind. Code § 36-7-4-915 and 919(f), have been issued.
8. At the hearing, Petitioners and other remonstrators introduced competent and substantial
evidence and argument demonstrating that the BZA could not approve the application for a
conditional use to Bio-Energy.
9. Petitioners, the Maranowiczs and the Danfords, are persons aggrieved by the decision of
the BZA within the meaning of that terms as used in Ind. Code § 36-7-4-1003(a).
10. Members of KV-STEP, including the Maranowiczs and the Danfords, are persons
aggrieved by the decision of the BZA within the meaning of that terms as used in Ind. Code §
36-7-4-1003(a).
11. The BZA decision is illegal in whole or in part for the following reasons:
a. The BZA failed to refer Bio-Energy’s application for conditional use to the
county plan commission “for investigation as to the manner in which the proposed
location and character of the conditional use will affect the master plan of the
county” in violation of Starke County Zoning Ordinance § 6-12-7.
b. The BZA failed to investigate and consider the manner in which the proposed
location and character of the conditional use granted to Bio-Energy will affect the
master plan of the county in violation of Starke County Zoning Ordinance §6-127.
c. The BZA granted a conditional use to Bio-Energy for a waste ethanol plant as
“Processing of Agricultural Products” despite substantial evidence that the
proposed waste ethanol plant does not constitute “Processing of Agricultural
Products” within the spirit, purpose and intent of Starke County Zoning
Ordinance §6-12-7.
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d. The BZA decision, contrary to law, grants a conditional use to Bio-Energy that
will subvert the general purpose of the zoning ordinance and will substantially
and permanently injure the appropriate use of neighboring property.
e. The BZA decision, contrary to law, grants a conditional use to Bio-Energy that
will not substantially serve the public convenience and welfare.
f. The BZA decision is unreasonable, arbitrary, capricious, or an abuse of discretion,
or clearly erroneous, in that the BZA based its decision on improper
considerations.
g. The BZA decision was not based on substantial evidence.
h. The BZA decision is contrary to law and illegal in that the BZA failed to make
adequate and proper written findings of fact in support of its decision as required
by law.
WHEREFORE, Petitioners, HARRY MARANOWICZ, SANDI MARANOWICZ,
JERRY DANFORD, and MARY DANFORD, each individually, and as members of KV-STEP,
and KV-STEP, by counsel, respectfully petition this Court to issue a Writ of Certiorari to the
Starke County BZA, and after considering the evidence is this case, enter an Order declaring the
decision of the BZA improper, contrary to law and of no legal effect; granting all relief
appropriate and necessary to declare the BZA decision to be void as a matter of law, and for all
other appropriate relief.
VERIFICATION
I affirm, under the penalties for perjury, that the foregoing representations are true.
Date:________________
________________________________________________
Kim E. Ferraro, Esq.
Attorney for Petitioners, Harry Maranowicz, Sandi
Maranowicz, Jerry Danford, Mary Danford and KV-STEP
Indiana Attorney No. 27102-64
Legal Environmental Aid Foundation of Indiana, Inc.
15 N. Franklin, Suite 200
Valparaiso, Indiana 46383
219/464-0104; Facsimile: 219/462-9710
E-mail: kim.ferraro@leafindiana.org
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