Indiana Statutes
§ 36-7-4-1610 — Review of issue not previously raised
A person may obtain judicial review of an issue that was not raised before the board, only to the extent that:
(1)the issue concerns whether a person who was required to be
notified by this chapter or other law of a board hearing was
notified in substantial compliance with this chapter or other law;
or
(2)the interests of justice would be served by judicial resolution
of an issue arising from a change in controlling law occurring
after the zoning decision.
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Related
Lockerbie Glove Factory Town Home Owners Association, Inc., Andre B. Lacy, Julia L. Lacy, Elliot J. & Serena Androphy v. Indianapolis Historic Preservation Commission, and Dan Jacobs
106 N.E.3d 482 (Indiana Court of Appeals, 2018)
Legislative History
As added by P.L.126-2011, SEC.57.
Nearby Sections
15
§ 36-1-10-1
Application of chapter§ 36-1-10-10
Plans, specifications, and estimates for structures, systems, and
transportation projects§ 36-1-10-11
Property held in fee simple; sale procedure§ 36-1-10-12
Lease in anticipation of acquisition or construction of structure, system,
or transportation project§ 36-1-10-13
Hearing; procedure; execution of lease§ 36-1-10-17
Annual appropriation and tax levy§ 36-1-10-18
Tax exemption of leased structures, systems, and transportation
projects; taxation of rental paid lessor§ 36-1-10-19
Assignment or conveyance of lease; conveyance of structure, system,
or transportation project§ 36-1-10-2
Definitions§ 36-1-10-20
Repealed