NEW ALBANY —
“Why in the world would the Kelleys buy the right-of-way...and the Daisy Lane extension...for a project that wasn’t going to go forward?” Kraft said.
Though some board members acknowledged there was some lack of clarity in the process, they said Wood ultimately upheld the 1996 city ordinance to require a second PUDD application if the 18-month timeline isn’t met.
“I think there was plenty of time for them to approach [the plan commission for a secondary review,]” said board of zoning appeals member Steve Schmelz.
A second PUDD vote on the project was slated to be weighed by the city council in November, but LDG pulled the request, citing a lack of interest in the project by council members.
LDG or the Kelleys can still apply for a second PUDD approval if they chose to do so, however Kraft has said the issue may ultimately be decided in court.