FRIEDLANDER, Judge.
The White County Board of Commissioners (the White County Board) brings an interlocutory appeal of the trial court's denial of the White County Board's motion to transfer venue from Carroll County to White County. As the sole issue on appeal, the White County Board argues that the trial court erred in determining that Carroll County is a preferred venue in this case.
We reverse and remand.
On July 1, 2013, the White County Board enacted Ordinance No. 562-13 (the Ordinance), approving the rezoning of a seven-acre tract of land in White County from general agriculture to agricultural industry.
Y.M.C.A. Camp Tecumseh, Inc. d/b/a Camp Tecumseh (the Camp) is located in Carroll County but on the county line, adjacent to the seventy-five-acre parcel that contains the seven acres of rezoned property in White County. On July 31, 2013, the Camp filed a petition for judicial review and stay of zoning decision against the White County Board. The Camp filed the action in the Carroll Circuit Court. The White County Board then filed a motion
On November 14, 2013, the Carroll Circuit Court held a hearing on the motion to dismiss and the request to transfer venue of the cause to White County. After taking the matter under advisement, the trial court issued an order on December 20, 2013. The court granted the motion to dismiss as to one claim, leaving intact only the Camp's alternative claim for judicial review of the Ordinance under the Uniform Declaratory Judgment Act.
Further, the court denied the White County Board's motion to transfer venue pursuant to Indiana Trial Rule 75. The court found, "the Courts of Carroll County are a preferred venue because the Petitioners [sic] reside in Carroll County." Appellant's Appendix at 7. The White County Board appeals the venue determination as an interlocutory appeal as a matter of right pursuant to Indiana Appellate Rule 14(A)(8).
The White County Board argues that the trial court improperly denied its motion to transfer the cause to White County, a county of preferred venue. Motions to transfer venue are governed by T.R. 75. "We review factual findings on an appeal from a ruling on a motion for transfer of venue for clear error, with conclusions of law reviewed de novo". Salsbery Pork Producers, Inc. v. Booth, 967 N.E.2d 1, 4 (Ind.Ct.App.2012) (citing Am. Family Ins. Co. v. Ford Motor Co., 857 N.E.2d 971, 973 (Ind.2006)). "If factual determinations are based on a paper record, they are also reviewed de novo." Am. Family Ins. Co. v. Ford Motor Co., 857 N.E.2d at 973.
A case may be commenced in any Indiana county, but if the complaint is not filed in a preferred venue, the trial court is required to transfer the case to a preferred venue upon a proper request from a party. Am. Family Ins. Co. v. Ford Motor Co., 857 N.E.2d 971. T.R. 75 contains ten subsections, each setting forth criteria establishing preferred venue. Id. The rule does not create priority among the subsections, and if the complaint is filed in a county of preferred venue, then the trial court has no authority to transfer the case based solely on the existence of preferred venue in another county. Id.
Although not entirely clear, it appears that the trial court relied on T.R. 75(A)(5) when it denied the White County Board's motion to transfer venue.
Pursuant to this subsection, "claims may be related to land and not necessarily be for injuries to the land." Diesel Constr. Co., Inc. v. Cotten, 634 N.E.2d 1351, 1353 (Ind.Ct.App.1994).
The Camp contends that Carroll County is a preferred venue because the claim for judicial review relates to its land in Carroll County. In determining whether a claim relates to land we have stated:
Id. at 1354 (internal citation omitted).
The claim at issue here is one for judicial review of a rezoning ordinance. Accordingly, the trial court's review will be limited.
Borsuk v. Town of St. John, 820 N.E.2d 118, 122 (Ind.2005) (citation omitted).
Though the Camp is clearly concerned about the anticipated future injury to its land in Carroll County
Because Carroll County is not a county of preferred venue, the trial court erred by denying the motion for transfer of venue to White County. On remand, the Carroll Circuit Court is directed to grant the White County Board's motion to transfer.
Judgment reversed and remanded.
MATHIAS, J., and PYLE, J., concur.
T.R. 75(A)(5) (emphasis supplied).