TERRE HAUTE —
A possible conflict of interest during a 2007 vote by the Vigo County Area Plan commission is grounds to halt construction taking place at Cobblestone Crossing, a southside commercial and residential property development, an Indianapolis attorney stated Thursday.
John J. Moore, attorney for the Woodgate residents opposed to recent apartment construction at Cobblestone Crossing, in a letter to Vigo County attorneys, stated that a 2007 vote by the Area Plan Commission that permitted apartments to be constructed on land previously zoned for single-family homes was grounds for a “stop-work order.”
On Wednesday night, Norm Froderman, a member of the Area Plan Commission, admitted a current financial interest in Cobblestone Crossing. He also said he “probably” had a financial interest in the development in 2007 when he participated in a plan commission meeting and a vote dealing with Cobblestone.
Froderman was one of nine plan commission members present at the March 2007 meeting at which part of the Cobblestone development was approved for additional apartment construction. Those apartments are currently being built, in some cases very near Woodgate residential properties.
Froderman should have disclosed any financial link to Cobblestone at the time of that vote, Moore’s letter states. “He failed to do so, and instead, made the motion to approve and voted in favor of the Petition,” it states.
Froderman said Thursday he could not comment at this time.
Plan Commission attorney Joe Etling could not be reached Thursday by 7 p.m.
Woodgate residents have been fighting the latest Cobblestone apartment construction for months.
On Wednesday night, Charlie Williams, president of the Woodgate Homeowners Association, said he had learned from “at least two sources” that one of the Area Plan Commission members held a financial stake in Cobblestone. He then asked whether any commissioner present had such an interest.
“I’m a shareholder, yes,” Froderman answered seated with other members of the commission in the large meeting room of the Vigo County Annex. When asked whether he had an interest in 2007, Froderman answered: “Probably.”
Based on that admission, the Woodgate resident’s attorney, Moore, stated Thursday that the “law is clear that the Plan Commission must conduct a new hearing on the matter” approved in 2007.
In his letter, which was sent to Etling and to Michael Wright, attorney for the Vigo County government, Moore cited legal precedent in which the Indiana Court of Appeals ruled in 1984 that a new zoning hearing is needed if an official who voted for a rezoning was found to have a conflict of interest.
“My clients demand that the Vigo County Area Plan Commission and the Vigo County Commissioners immediately issue a Stop-Work Order for all construction activity being done pursuant” to the 2007 vote of the plan commission, Moore’s three-page letter states. About seven apartment buildings currently under construction at Cobblestone would be affected, Woodgate residents have said.
Cobblestone officials could not be reached for comment Thursday.
Reporter Arthur Foulkes can be reached at 812-231-4232 or arthur.foulkes@tribstar.com.
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