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Browning Investments Inc. is prepared to move forward with its $30 million apartment-and-retail project in Broad Ripple after a state appellate court on Tuesday dismissed a challenge to the development.
The Indiana Court of Appeals rejected an argument brought by Good Earth Natural Foods and Broad Ripple resident Patrick Skowronek. In March, Good Earth and Skowronek had appealed the awarding of a zoning variance for the project to a Marion Superior Court. That appeal was dismissed because they failed to file necessary paperwork by court-required deadlines.
Good Earth and Skowronek then asked the Indiana Court of Appeals to overturn Judge Michael D. Keele’s decision.
Since filing the appeal, Good Earth dropped its challenge in August, leaving Skowronek as the lone appellant in the case. On Tuesday, the state appeals court confirmed Keele's ruling.
The appeal seemingly was the last roadblock to construction of the controversial project along the Central Canal and east of College Avenue, spearheaded by Indianapolis-based Browning Investments. Last October, it received approval to rezone the 1.9-acre parcel from the Indianapolis Metropolitan Development Commission.
The project calls for a single 35,000-square-foot retail space—earmarked for a Whole Foods store—plus 119 apartments and a four-story parking garage.
To build the project, an apartment complex where Skowronek lives would need to be demolished along with a vacant Shell service station on the site.
The last residents are ready to vacate the complex, clearing the way for demolition, said Jamie Browning, a firm partner.
“Obviously, we’re pleased, and we’re moving forward,” he told IBJ after learning of the court’s decision.
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