Review of issue not previously raised
Applied in 1 court decision — leading case Lockerbie Glove Factory Town Home Owners Association, Inc., Andre B. Lacy, Julia L. Lacy, Elliot J. & Serena Androphy v. Indianapolis Historic Preservation Commission, and Dan Jacobs (2018)
Most recently applied in Lockerbie Glove Factory Town Home Owners Association, Inc., Andre B. Lacy, Julia L. Lacy, Elliot J. & Serena Androphy v. Indianapolis Historic Preservation Commission, and Dan Jacobs (June 2018)
As added by P.L.126-2011, SEC.57.
Sec. 1610. A person may obtain judicial review of an issue that was not raised before the board, only to the extent that:
(1) the issue concerns whether a person who was required to be notified by this chapter or other law of a board hearing was notified in substantial compliance with this chapter or other law; or
(2) the interests of justice would be served by judicial resolution of an issue arising from a change in controlling law occurring after the zoning decision.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.