FILED Dec 29 2020, 9:28 am CLERK Indiana Supreme Court Court of Appeals and Tax Court ATTORNEYS FOR APPELLANT ATTORNEY FOR APPELLEES SALLY ANN WOOD SCOTT COUNTY BOARD OF Zachary M. VanVactor COMMISSIONERS; BOB Stites & Harbison PLLC TOBIAS, PRESIDENT OF Louisville, Kentucky SCOTT COUNTY BOARD OF COMMISSIONERS; SCOTT Douglas B. Bates COUNTY AREA PLAN Stites & Harbison PLLC Jeffersonville, Indiana COMMISSION; AND SCOTT COUNTY BOARD OF ZONING ATTORNEYS FOR APPELLANTS APPEALS JOHN F. BUCKMAN, DEBRA J. BUCKMAN, R. Patrick Magrath SCOTT H. DYER, JR., AND STACY M. DYER Alcorn Sage Schwartz & Charles R. Waggoner Magrath, LLP North Vernon, Indiana Madison, Indiana James K. Wisco Linda L. Chezem Foley Peden & Wisco, P.A. Martinsville, Indiana IN THE COURT OF APPEALS OF INDIANA Sally Ann Wood, John F. December 29, 2020 Buckman, Debra J. Buckman, Court of Appeals Case No. Scott H. Dyer, Jr., and Stacy M. 20A-PL-1074 Dyer, Appeal from the Jennings Superior Appellants-Plaintiffs, Court The Honorable Daniel Moore, v. Special Judge Scott County Board of Trial Court Cause No. 40D01-1909-PL-145 Commissioners, Bob Tobias, President of Scott County Board Court of Appeals of Indiana | Opinion 20A-PL-1074 | December 29, 2020 Page 1 of 11 of Commissioners, Scott County Area Plan Commission, Scott County Board of Zoning Appeals, Meadow Gathering Place – MGP Venue, a Future LLC, Lance R. Stock, Renee K. Stock, Chelsea Watterson and Garrett Watterson, Appellees-Defendants, Robb, Judge. Case Summary and Issue [1] Meadow Gathering Place filed petitions for a conditional use variance and development plan approval with the Scott County Plan Commission and the Scott County Board of Zoning Appeals. A public hearing was held on April 10, 2019, and Meadow Gathering Place’s petitions were approved. [2] On May 10, 2019, Sally Ann Wood filed a Petition for Writ of Certiorari and Stay of Decision and Complaint for Judicial Review naming the Scott County Board of Commissioners, Bob Tobias as President of the Scott County Board of Commissioners, the Scott County Plan Commission, the Scott County Board of Zoning Appeals (“County Defendants”), and Meadow Gathering Place, Lance R. Stock, Renee K. Stock, Chelsea Watterson, and Garrett Watterson (“MGP Defendants”) as defendants. Court of Appeals of Indiana | Opinion 20A-PL-1074 | December 29, 2020 Page 2 of 11 [3] The County Defendants filed a motion to dismiss when Wood failed to file the board record within thirty days of her petition. After a hearing, the trial court granted the motion to dismiss. Wood subsequently filed an Amended Complaint and a Motion to Correct Error. The County Defendants filed a Motion to Strike the amended complaint. After a hearing on all pending motions, the trial court issued an order granting the County Defendants’ Motion to Strike and denying Wood’s Motion to Correct Error. Wood now appeals raising two issues, which we consolidate and restate as whether the trial court erred by granting the County Defendants’ Motion to Strike. Concluding that the trial court did not err, we affirm. Facts and Procedural History [4] Wood lives on a …

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