Marshall sues for review of zoning denial
Thursday, January 17, 2013 10:00 AM
The owner of the Needful Things store on Clifty Drive filed a lawsuit Wednesday for judicial review over the denied renewal of a conditional use permit to operate her business.
The Zoning Board of Appeals denied Julia Marshall's renewal request for 2910 Clifty Drive in December. Marshall was arrested in September after police alleged they purchased drugs from the store.
The affidavit from the case was the only piece of evidence considered when the board denied the permit, according to George Gesenhues, Marshall's attorney.
Gesenhues said the board should have waited for an outcome of the criminal proceedings before making a decision on the zoning permit.
"It was filed because we believe the Board of Zoning Appeals voted prematurely in making a decision not to renew my client's conditional permit," he said. "The only evidence that was presented for consideration was a probable cause affidavit for a pending criminal case against my client."
One of Marshall's complaints was that the Board of Zoning Appeals was represented by Darrell Auxier at the time of the hearing.
"One of my client's complaints is the board attorney, who was advising them at the time of the hearing ... represents a party who has a pending civil case against my client," Gesenhues said.
Prior to becoming the Circuit Court judge, Auxier was listed as counsel for the case of Steven Moreland and Judy Andrew against Marshall seeking damages over the death of their son who died of an overdose of synthetic drugs.