§ 36-7-4-1603 — Standing

Indiana § 36-7-4-1603

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

Text

(a) The following have standing to obtain
judicial review of a zoning decision:
(1) A person to whom the zoning decision is specifically directed.
(2) A person aggrieved by the zoning decision who participated
in the board hearing that led to the decision, either:
(A) by appearing at the hearing in person, by agent, or by
attorney and presenting relevant evidence; or
(B) by filing with the board a written statement setting forth any
facts or opinions relating to the decision.
(3) A person that is a public use airport owner or operator has
standing to obtain judicial review of a zoning decision that may
have a negative impact on the safety of civilian or military flight
operations to or from the airport.
(4) A person otherwise aggrieved or adversely affected by the
zoning decision.
(b) A person has standing under subsection (a)(4) only if:
(1) the zoning decision has prejudiced or is likely to prejudice the
interests of the person;
(2) the person was eligible for an initial notice of a hearing under
this chapter, was not notified of the hearing in substantial
compliance with this chapter, and did not have actual notice of the
hearing before the last date in the hearing that the person could
object or otherwise intervene to contest the zoning decision;
(3) the person's asserted interests are among those that the board
was required to consider when it made the challenged zoning
decision; and
(4) a judgment in favor of the person would substantially
eliminate or redress the prejudice to the person caused or likely
to be caused by the zoning decision.

Legislative History

As added by P.L.126-2011, SEC.50. Amended by P.L.71-2020, SEC.3.