Marshall wants judicial review of zoning denial
Thursday, November 15, 2012 10:00 AM
The owner of Needful Things has filed a petition for judicial review against the Madison Board of Zoning Appeals after the board denied renewal of her conditional use permit.
The renewal of Julie Marshall's conditional use permit for the business at 2910 Clifty Drive was denied Oct. 15. That area is zoned light industry, but Marshall was allowed to use the building for a business after obtaining the permit in 2009.
Marshall said in the petition she was not given adequate notice about the meeting where the permit was denied, which she argued makes the decision invalid.
She also pointed out in the petition that the board is represented by Jenner, Pattison, Hensley & Wynn. The board is generally represented by Darrell Auxier, but Jason Pattison was filling in during the meeting Oct. 15.
Auxier and Pattison are representing a family that has filed a civil lawsuit against Marshall. She said that fact taints the board decision, calling it "an abuse of discretion."
Marshall requested in the petition that the denial be vacated and her permit be restored.
Marshall was arrested in October on 21 drug and tax charges. Her case is pending.
Board members were provided with the charging information when they made their decision. They cited the fact that she had been selling illegal items while her permit was valid.