Proposed auction facility along U.S. 27 still waits for final OK

A proposed auction facility along U.S. 27 still waits for final approval, despite now receiving a second set of favorable rulings.

Much like an auction — going once … going twice … sold — Midway Auction Barn LLC waits for the final gavel. The proposed general merchandise and equipment consignment facility that will also have livestock auctions first received Wayne County Board of Zoning Appeals approvals and recently saw Circuit Court Judge April Drake deny neighbor appeals of those approvals. 

However, those neighbors, John and Tammy Tackett, have filed notice they will further appeal Drake’s rulings to the Indiana Court of Appeals.

The Tacketts have raised multiple concerns about the facility, which would be adjacent to their Bockhofer Road property north of Fountain City. They’re concerned the activity at the facility will disrupt their peace and tranquility and present a safety hazard. Other concerns, such as traffic and environmental issues, land beyond the BZA’s scope, with jurisdiction falling to state agencies.

Ron Cross, the Wayne County attorney, argued in a brief on the BZA’s behalf that the approvals were supported by evidence and were appropriate, noting the county’s comprehensive plan emphasizes strengthening and diversifying the agriculture industry, including with agribusiness.

A livestock auction is permitted with a special exception in general agricultural zoning. Drake found that livestock sales and general auctions would serve the public convenience and will not be “unduly detrimental” to neighbors. 

Drake’s order said the Tacketts failed to prove that the BZA rulings were unsupported by evidence or were “arbitrary and capricious” or an abuse of discretion.

Midway Auction Barn has bought 22 acres on the east side of U.S. 27 north of the Tacketts’ property. That parcel was split from a 61-acre parcel that included land on the west and east sides of the highway.

The company initially proposed the auction facility be located along Helm Road south of Williamsburg; however, during its July 13, 2023, meeting, the BZA denied the necessary variances for that site. Midway Auction Barn returned with the U.S. 27 location, and the BZA approved the variances during a Sept. 14, 2023, meeting.