§ 36-7-4-1609 — Petition for order staying zoning decision pending review

Indiana § 36-7-4-1609

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

Text

(a) A person seeking judicial review may
seek, by filing a verified petition, an order of the court staying the
zoning decision pending review by the court. The court may enter an
order staying the zoning decision pending a final determination if:
(1) the court finds that the petition for review and the petition for
a stay order show a reasonable probability that the zoning
decision appealed from is invalid or illegal; and
(2) a bond is filed that is conditioned upon the due prosecution of
the proceeding for review and that the petitioner will pay all court
costs and abide by the zoning decision if it is not set aside. The
bond must be in the amount and with the surety approved by the
court. However, the amount of the bond must be at least five
hundred dollars ($500).
(b) If a petition for review concerns a revocation or suspension of
a previously approved variance, exception, or use, any stay ordered
under subsection (a) is effective during the period of the review and
any appeal from the review and until the review is finally determined,
unless otherwise ordered by the court granting the stay. If the stay is
granted as provided in this section and the zoning decision is approved
on final determination, the revocation or suspension of the variance,
exception, or use immediately becomes effective.

Legislative History

As added by P.L.126-2011, SEC.56.