§ 36-7-4-1612 — Additional evidence; remand for additional factfinding or preparation of adequate record

(a) The court may receive evidence, in
addition to that contained in the board record for judicial review, only
if the evidence relates to the validity of the zoning decision at the time
the decision was made and is needed to decide disputed issues
regarding one (1) or both of the following:
(1) Improper constitution as a decisionmaking body or grounds
for disqualification of those making the zoning decision.
(2) Unlawfulness of procedure or of decisionmaking process.
This subsection applies only if the additional evidence could not, by
due diligence, have been discovered and raised in the board proceeding
giving rise to a proceeding for judicial review.
(b) The court may remand a matter to the board before final
disposition of a petition for review with directions that the board
conduct further factfinding or that the board prepare an adequate
record, if:
(1) the board failed to prepare or preserve an adequate record;
(2) the board improperly excluded or omitted evidence from the
record; or
(3) a relevant law changed after the zoning decision and the court
determines that the new provision of law may control the
outcome.

Legislative History

As added by P.L.126-2011, SEC.59.