§ 36-7-4-1602 — Initiation of judicial review; required showing

Indiana § 36-7-4-1602

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

Text

(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.

Legislative History

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