County BZA Pursues Legal Action Against Warsaw Property Owner
By Liz Adkins
InkFreeNews
WARSAW — The Kosciusko County Board of Zoning Appeals has filed a civil plenary in Kosciusko Circuit Court against a Warsaw property owner.
The plenary’s listed defendant is Jeffrey Christner, Middlebury, who owns real estate in the area of CR 450W, Warsaw. In the suit, the county BZA is being represented by Adam D. Turner.
According to court documents, on or about April 4, 2024, Christner had caused the creation of a tract of ground that does not have at least 100 feet in width and is the fourth tract created under the size of 20 acres, which is in violation of the county’s zoning ordinance.
The suit states that “after repeated requests from agents of the Kosciusko County Area Plan Commission and the Kosciusko County Board of Zoning Appeals, and after threat of legal action, (Christner) has not taken any steps to remedy the violation of the Kosciusko County Zoning Ordinance.”
The county BZA is requesting judgment ordering Christner to immediately cease and desist violations of the Kosciusko County Zoning Ordinance, as well as coverage for court costs, “and for all further and proper relief which the premises may require.”
The BZA, through Area Planning Director Matt Sandy, is also requesting the court assess penalties for each and every day the violations have occurred, at the maximum rate of $300 per day. “Any person who violates this ordinance may be penalized no less than $10 per day nor more than $300 per day for each day the violations continue,” reads the suit.