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Ind. Code § 36-7-4-1602

Initiation of judicial review; required showing

Applied in 3 court decisions — leading case Michael Howard v. Allen County Board of Zoning, Appeals and Alvin Schmucker (2013)

Most recently applied in Town of Darmstadt v. CWK Investments-Hillsdale, LLC (October 2018)

As added by P.L.126-2011, SEC.49.

How often courts cite this section

2013201810
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Sec. 1602. (a) Judicial review of a zoning decision is initiated by filing a petition for review in the appropriate court.

(b) Only a person who qualifies under:

(1) section 1603 of this chapter concerning standing;

(2) section 1604 of this chapter concerning exhaustion of administrative remedies;

(3) section 1605 of this chapter concerning the time for filing a petition for review; and

(4) section 1613 of this chapter concerning the time for filing the board record for review;

is entitled to judicial review of a final zoning decision.

(c) A person is entitled to judicial review of a nonfinal zoning decision only if the person establishes both of the following:

(1) Immediate and irreparable harm.

(2) No adequate remedy exists at law. The failure of a person to comply with the procedural requirements of this chapter may not be the basis for a finding of an inadequate remedy at law.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.