§ 36-7-4-1613 — Transmission of board record to court; extension of time to file record; cost of copies and transcripts

Indiana § 36-7-4-1613

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

Text

(a) Within thirty (30) days after the filing
of the petition, or within further time allowed by the court, the
petitioner shall transmit to the court the original or a certified copy of
the board record for judicial review of the zoning decision, consisting
of:
(1) any board documents expressing the decision;
(2) other documents identified by the board as having been
considered by the board before its decision and used as a basis for
its decision; and
(3) any other material described in this chapter or other law as the
board record for the type of zoning decision at issue, subject to
this section.
(b) An extension of time in which to file the record shall be granted
by the court for good cause shown. Inability to obtain the record from
the responsible board within the time permitted by this section is good
cause. Failure to file the record within the time permitted by this
subsection, including any extension period ordered by the court, is
cause for dismissal of the petition for review by the court, on its own
motion, or on petition of any party of record to the proceeding.
(c) Upon a written request by the petitioner, the board making the
zoning decision being reviewed shall prepare the board record for the
petitioner. If part of the record has been preserved without a transcript,
the board shall, if practicable, prepare a transcript for inclusion in the
record transmitted to the court, except for parts that the parties to the
judicial review proceeding stipulate to omit in accordance with
subsection (e).
(d) Notwithstanding IC 5-14-3-8, the board shall charge the
petitioner with the reasonable cost of preparing any necessary copies
and transcripts for transmittal to the court, unless a person files with the
court, under oath and in writing, the statement described by IC 33-37-3-2.
(e) By stipulation of all parties to the review proceedings, the record
may be shortened, summarized, or organized.
(f) The court may tax the cost of preparing transcripts and copies for
the record:
(1) against a party to the judicial review proceeding who
unreasonably refuses to stipulate to shorten, summarize, or
organize the record; or
(2) in accordance with the rules governing civil actions in the
courts or other law.
(g) Additions to the record concerning evidence received under
section 1612 of this chapter must be made as ordered by the court. The
court may require or permit subsequent corrections or additions to the
record.

Legislative History

As added by P.L.126-2011, SEC.60.