§ 36-7-4-1606 — Venue; rules of procedure; parties; motion to intervene

Indiana § 36-7-4-1606

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

Text

(a) Venue is in the judicial district where
the land affected by the zoning decision is located.
(b) If more than one (1) person may be aggrieved by the zoning
decision, only one (1) proceeding for review may be had, and the court
in which a petition for review is first properly filed has jurisdiction.
(c) The rules of procedure governing civil actions in the courts
govern pleadings and requests under this chapter for a change of judge
or change of venue to another judicial district described in subsection
(a).
(d) Each person who:
(1) was a petitioner or applicant at the hearing before the board;
or
(2) is aggrieved by the zoning decision and entered a written
appearance as an adverse party to the petitioner or applicant
before the board hearing that led to the zoning decision, as
described in section 920(h) of this chapter;
is a party to the petition for review.
(e) Any other person who participated, in the manner described in
section 1603(a)(2) of this chapter, in the board hearing that led to the
zoning decision may, not later than five (5) days after the decision is
made, file with the board a written request that the person receive
notice of any petition for review that may be filed. The written request
must include the person's full name and correct mailing address and a
reference to the board's docket number relative to the zoning decision.
(f) Any person who has standing under section 1603(a)(2),
1603(a)(3), or 1603(a)(4) of this chapter has an unconditional right to
intervene in a proceeding for review. A motion to intervene in a
proceeding for review shall be filed in the manner provided by the rules
of procedure governing civil actions in courts.

Legislative History

As added by P.L.126-2011, SEC.53. Amended by P.L.71-2020, SEC.4.