By: Susie
On September 29, 2025, the Indiana Court of Appeals reaffirmed an earlier trial court decision, concluding that the Noblesville Board of Zoning Appeals erred in granting a variance that would have allowed Beaver materials to extract sand and gravel from a parcel of land surrounded by homes, a horse stable, winery, soccer club, wetlands, woods, and a stream. Beaver appealed the original court decision in an effort to dismiss the claims brought forth by the community, and lost their appeal.
What the courts decided
“Beaver Gravel Corporation applied for a zoning variance to operate sand and gravel mine in a residential area of Noblesville. Finding Beaver met all five statutory elements required for the variance, the Noblesville Board of Zoning Appeals granted it. Neighboring property owners sought judicial review, and the trial court reversed the BZA’s decision, finding it was unsupported by the evidence and contrary to law. Beaver appeals, claiming the trial court improperly reweighed evidence in reversing the BZA. But even with due deference to the BZA, we find a critical absence of evidence supporting one of the statutory elements required for the variance’s approval. Concluding the BZA therefore erred by granting the variance, we affirm the trial court’s decision.”
Read the full court decision here.
How was HEC involved?
HEC submitted comments to the BZA opposing the variance and testified in person at the hearing, providing critical environmental evidence on the destructive practice of mining. Learn more about the development and HEC’s position.
Categories: News Releases, Public Comments, Water & Wilderness Protection, Wetlands