The Indiana Court of Appeals has upheld a Jefferson Circuit Court ruling that the owners of the White Barn Venue should have received a conditional use permit from the Madison Board of Zoning Appeals last year.

Owners Bryan and Shelly Dews appealed the zoning board’s denial of a conditional use permit to the circuit court. In Indiana, zoning boards are quasi-judicial, so any appeals go to the circuit court.

Eight residents near the event venue at Thomas Hill and Goins roads had complained to the zoning board about traffic, noise, lights, property values and disruption of their rural lifestyle. The residents — Mark Goley, Jennifer and William Ison, Sherry and Gary Smith, Nancy and Keith Alexander, and Kathy Ayers — became intervenors in the court proceedings.

After special judge W. Gregory Coy of Switzerland County ruled that White Barn Venue was wronged by the Zoning Board of Appeals (BZA), the intervenors appealed his granting of the conditional use permit to the Court of Appeals. A conditional use permit is required in order to stay open for business.

The Court of Appeals issued its ruling May 15. The appeals court ruling was a memorandum decision. Online legal dictionaries define a memorandum decision as one in which a court states its decision but usually does not state its reasons for the decision. A memorandum decision is not subject to appeal to a higher court, according to the dictionaries.

In this case, the Court of Appeals included a conclusion at the end: “The BZA’s decision to deny the conditional use permit application by White Barn is not supported by substantial evidence and was arbitrary and capricious. We affirm the trial court’s reversal of the BZA’s decision.”

The conditional use permit granted by Coy allowed the White Barn venue to operate until its expiration this year. The Zoning Board of Appeals this year granted a one-year renewal. Most conditional use permits are required to be renewed annually.