Friedlander, S.J.
Paul Vezolles is a member of 855 North East Street, LLC (collectively “Vezolles”), which owns property at that address in Indianapolis (“the Site”). Prior to the Indianapolis Historical Preservation Commission (“IHPC”) proceedings at issue, the Site was zoned SU-7, which only allows charitable, philanthropic, and not-for-profit use. The Site sits between north East Street and Park Avenue just south of 9th Street and is in the Chatham-Arch and Massachusetts Avenue Historic Preservation District. David Pflugh is an attorney who lives at 847 North Park Avenue, directly across Park Avenue from the northeast corner of the Site.
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On June 2, 2017, Pflugh petitioned for judicial review of the grant of variances and the COA. Pflugh challenged the use variance, the development standard variance for less open space than required, the development standard variance for livability ratio, and the COA. On January 22, 2018, the trial court denied Pflugh’s petition. The trial court concluded that Pflugh lacked standing to seek judicial review because Pflugh is not aggrieved by the IHPC’s decision. The trial court also concluded that even if Pflugh had standing, the IHPC’s decision was not “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; contrary to constitutional right, power, privilege, or immunity; in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; without observance of procedure required by law; or unsupported by substantial evidence.” Appellees’ App. Vol. 2, p. 30.
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Indiana Code section 36-7-4-1603(a) (2011) provides as follows:
(a) The following have standing to obtain judicial review of a zoning decision:
(1) A person to whom the zoning decision is specifically directed.
(2) A person aggrieved by the zoning decision who participated in the board hearing that led to the decision, either:
(A) by appearing at the hearing in person, by agent, or by attorney and presenting relevant evidence; or
(B) by filing with the board a written statement setting forth any facts or opinions relating to the decision.
(3) A person otherwise aggrieved or adversely affected by the zoning decision.
The IHPC’s decision was not specifically directed at Pflugh, but he attended at least one hearing and presented evidence. Pflugh therefore falls under subsection (2), which requires that he be “aggrieved” to have standing to challenge the IHPC’s decision.
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Pflugh seems to argue that his status as an adjoining property owner automatically renders him “aggrieved.” While it is true that “[a]djoining or surrounding landowners may … be persons ‘aggrieved[,]’” Stout v. Mercer, 160 Ind. App. 454, 462, 312 N.E.2d 515, 520 (1974) (emphasis added), “proximity of the [petitioners’] properties to the alleged harm is not dispositive in determining whether they have standing.” Sexton v. Jackson Cty. Bd. of Zoning Appeals, 884 N.E.2d 889, 894 (Ind. Ct. App. 2008). Pflugh apparently interprets the Indiana Supreme Court’s opinion in Bagnall as setting forth the proposition that adjacent property owners are automatically aggrieved. A close reading of Bagnall indicates otherwise.
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In short, Pflugh is not “aggrieved” simply because he lives next to the Site. Pursuant to Bagnall, Pflugh must show pecuniary or special injury, and the trial court specifically found that he had failed to do so… The trial court further found that “[e]ach of the arguments Pflugh makes regarding harm are harms that would be common to the community as a whole. As Pflugh has failed to show the variances cause a special injury to him, he has failed to meet his burden of showing he has been aggrieved.” Id. at 21–22.
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We affirm.
Riley, J., and May, J., concur.