§ 36-7-4-1003 — Judicial review

Indiana § 36-7-4-1003

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7: PLANNING AND DEVELOPMENT
• Ch. 4: Local Planning and Zoning

Text

(a) Each decision of the legislative body
under section 918.6 of this chapter is subject to judicial review in the
same manner as that provided for the appeal of a final decision of the
board of zoning appeals under section 1016(a) of this chapter.
(b) METRO. This subsection does not apply to an excluded city. A
petition for judicial review must be filed with the court after the
expiration of the period within which an official designated by the
metropolitan development commission or a member of the legislative
body of the city and county may file an appeal under section 922 of this
chapter but not later than the period provided for timely filing under
section 1605 of this chapter. However, if the official, or the member of
the legislative body of the city and county files an appeal, then only the
decision of the metropolitan development commission sitting as a
board of zoning appeals is subject to judicial review. The official, the
department of metropolitan development, or the member of the
legislative body of the city and county may not seek judicial review of
a decision of a board of zoning appeals or the commission sitting as a
board of zoning appeals.
(c) METRO. This subsection applies only to an excluded city. A
petition for judicial review must be filed with the court:
(1) after the expiration of the period within which a member of
the excluded city legislative body may file an appeal under
section 922 of this chapter; and
(2) not later than the period provided for timely filing under
section 1605 of this chapter.
However, if the member of the legislative body of the excluded city
files an appeal, then only the decision of the legislative body of the
excluded city sitting as a board of zoning appeals is subject to judicial
review. The member of the excluded city legislative body or the
excluded city legislative body may not seek judicial review of a
decision of the board of zoning appeals of the excluded city or the
legislative body of the excluded city sitting as a board of zoning
appeals.
[Pre-Local Government Recodification Citations: 18-7-2-76
part; 18-7-4-1003; 18-7-4-83 part; 18-7-5-87.]
As added by Acts 1981, P.L.309, SEC.23. Amended by
P.L.304-1989, SEC.2; P.L.1-1990, SEC.360; P.L.320-1995, SEC.17;
P.L.150-2003, SEC.1; P.L.126-2011, SEC.33; P.L.88-2014, SEC.4;
P.L.161-2021, SEC.12.