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FOR PUBLICATION
ATTORNEYS FOR APPELLANTS: JEFFREY C. MCDERMOTT ROBERT S. SCHEIN LIBBY Y. GOODKNIGHT Krieg DeVault LLP Carmel, Indiana ATTORNEYS FOR APPELLEE: BRYAN H. BABB STEPHEN C. UNGER Bose McKinney & Evans LLP Indianapolis, Indiana ATTORNEY FOR AMICI CURIAE: ROBERT A. DUNCAN Norris Choplin Schroeder LLP Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
TOWN OF ZIONSVILLE, INDIANA, and ZIONSVILLE PLAN COMMISSION, ) ) ) Appellants-Defendants, ) ) vs. ) ) HAMILTON COUNTY AIRPORT AUTHORITY, ) ) Appellee-Plaintiff. )

FILED
of the supreme court, court of appeals and tax court

Jun 20 2012, 9:12 am

CLERK

No. 49A05-1107-PL-374

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Michael D. Keele, Judge Cause No. 49D07-1006-PL-35761

June 20, 2012 OPINION - FOR PUBLICATION SHEPARD, Senior Judge

The Hamilton County Airport Authority owns an airport located next door in Boone County, within the Town of Zionsville. The Authority contends that it is not subject to any Boone County zoning or to the covenants it executed to obtain airport zoning from Boone County. The trial court agreed. The Indiana Supreme Court has held that a general unit of government maintains zoning authority within its boundaries, even as to other general governments. It has also made clear that this authority cannot be employed for abusive or unreasonable interference. Adhering to these principles, we reverse.
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FACTS AND PROCEDURAL HISTORY The Indianapolis Executive Airport is located on 525 acres in Boone County, along its border with Hamilton County. Previously known as Terry Airport, it has operated at that site since the 1950s. Appellee's App. pp. 13, 16. In 2003, Hamilton County purchased the airport. Id. at 609-10. In September 2004, the Board of Aviation Commissioners of Hamilton County, predecessor to the Airport Authority, executed and recorded covenants to govern land use at the airport. Appellants' App. p. 25. The Boone County Commissioners and the Boone County Area Plan Commission obliged the Aviation Commissioners to execute these covenants in exchange for creating airport districts as a category of use under the county zoning ordinance and designating the airport site for this purpose. Appellee's App. pp. 625-26.

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We heard oral argument on May 17, 2012, in Indianapolis and appreciate the helpful presentations by counsel for the parties and for amici curiae.

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In 2006, Hamilton County created the Airport Authority and transferred to the Authority all of the Aviation Commissioners' assets, including the airport. Appellants' App. pp. 34-40. In July 2008, the Town of Zionsville, Eagle Township, and Union Township adopted a plan of reorganization that combined the three governmental units into a single entity, known as the Town of Zionsville. The Town thus gained zoning jurisdiction over the former Eagle Township and Union Township in areas where Boone County previously exercised it, including the airport. Appellee's App. pp. 170, 171, 703. In February 2010, Zionsville's planning director informed the Airport Authority that it needed approval from Zionsville's planning department prior to obtaining construction permits. Id. at 627-28. Meanwhile, the Authority had been developing its own land use plan, and it adopted a land use ordinance for the airport in March 2010. Appellants' App. pp. 41-60. In light of the dispute regarding zoning jurisdiction over the airport, the Airport Authority filed a complaint for declaratory judgment asking the court to determine: (1) that the Authority has exclusive jurisdiction over land use, zoning, and drainage at the airport; (2) that the Boone County Zoning Ordinance and the Zionsville Zoning Ordinance are invalid as applied to the airport; and (3) that the covenants of 2004 are invalid. The Authority initially named Zionsville, the Boone County Commissioners, and the Boone County APC as defendants, but it later dropped the County and its APC. By agreement of the parties, the case was transferred to Marion County. After a hearing on 3

cross-motions for summary judgment, the trial court granted the Authority's motion, denied Zionsville's, and entered final judgment in favor of the Authority. This appeal followed. ISSUES The central issues in Zionsville's appeal are: I. Whether, as a governmental unit of general authority, Zionsville has planning and zoning jurisdiction over the airport. Whether, even if it does not, the covenants of 2004 remain binding upon the Authority. DISCUSSION I. Standard of Review The parties agree on the standard of review. Summary judgment is appropriate only where there is no genuine issue of material fact and the moving party is entitled to a judgment as a matter of law. Ind. Trial Rule 56(C). As with a trial court, a reviewing court construes all factual inferences in favor of the nonmoving party and resolves all doubts as to the existence of a material issue against the moving party. Dreaded, Inc. v. St. Paul Guardian Ins. Co., 904 N.E.2d 1267, 1270 (Ind. 2009). Questions of law, of course, are reviewed de novo. Tankersley v. Parkview Hosp., Inc., 791 N.E.2d 201, 204 (Ind. 2003). II. Applicable Statutes Zionsville and the Airport Authority necessarily join their competing claims of exclusive zoning jurisdiction by citing the pertinent statutes. When courts set out to 4

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construe a statute, we first look to the language of the statute itself and strive to give the words their plain and ordinary meaning. Cooper Indus., LLC v. City of South Bend, 899 N.E.2d 1274, 1283 (Ind. 2009). We examine the statute as a whole and try to avoid excessive reliance on a strict literal meaning or the selective reading of individual words. Id. We presume the legislature intended the language used in the statute to be applied logically, consistent with the statute's underlying policy and goals, and not in a manner that would bring about an unjust or absurd result. Id. Zionsville notes that the Indiana Code's leading provisions granting general zoning authority over a relevant geographic area assign that authority to "units" of local government and specifically define a "unit" as a county, municipality, or township, not including specialized entities like airport authorities. Ind. Code

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