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Court Cases
Bidgood, et al. v. Carmel, IN Board of Zoning Appeals
Case Overview
In December 2017, the Al Salam Foundation submitted to its local Board of Zoning Appeals (“BZA”) its application to develop a mosque and community center in Carmel, Indiana. At the BZA’s public hearing on the application, held on January 22, 2018, an unprecedented number of people—mainly in opposition—attended to voice their objection to the mosque. Al Salam then retained Muslim Advocates to assist them in securing their permit. At the next meeting, in February 2018, the BZA voted to approve Al Salam’s permit application.
In March of 2018, four of the remonstrators filed an appeal of the BZA’s decision in Hamilton, IN Superior Court. They argued that the BZA’s decision was arbitrary, capricious, and an abuse of discretion. After the remonstrators failed to timely file the board record from the underlying proceeding, the BZA moved to dismiss the case with prejudice. Al Salam, represented by Muslim Advocates and its local counsel, Beckman Lawson, intervened in the proceeding and joined in the motion. The trial court ruled in favor of the remonstrators, so Al Salam and the BZA filed an interlocutory appeal seeking review of that decision. The Court of Appeals granted the motion, and, in March 2019, overturned the trial court’s ruling, thereby clearing to way for Al Salam to begin construction on their mosque and community center.
Case Details
Date filed: March 28, 2018
Court(s): Hamilton, IN Superior Court; Indiana Court of Appeals
Co-Counsel: Beckman Lawson LLP
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Related Documents
Court Filing
Opinion
March 12, 2019
Court Filing
Appellants’ Joint Reply Brief
December 28, 2018
Court Filing
Joint Appellants’ Brief
November 14, 2018
Court Filing
Brief of Al-Salam Foundation in Support of Motion for Interlocutory Appeal
September 6, 2018
Court Filing
Appellants’ Motion for Interlocutory Appeal
August 31, 2018
Court Filing
Al-Salam Foundation Motion to Intervene
July 18, 2018
Court Filing
Complaint
March 28, 2018