Legal Opinion

Shipshewana Convenience Corp. v. Board of Zoning Appeals

Indiana Supreme Court

Decided October 11, 1995No. 44 SO3-9503-CV-374PublishedCited by 15 opinions

1Opinion of the Court

ON PETITION TO TRANSFER

SULLIVAN, Justice.

We hold that strict compliance with the requirements of the statute governing appeals from decisions of boards of zoning appeals is necessary for the trial court to obtain jurisdiction over such cases. However, we are unable to conclude that a trial court fails to aequire such jurisdiction when a petitioner fails to request the order to show cause contemplated by that statute.

I

The procedure for judicial review of a decision of a board of zoning appeals is controlled by statute. The statutory requirements implicated in this case are as follows:

1. A…

2Cases cited16 opinions

  1. Ballman v. DuffecyIndiana Supreme Court · 1952
  2. Claywell v. Review Board of the Indiana Department of Employment & Training ServicesIndiana Supreme Court · 1994
  3. Indiana Department of Highways v. DixonIndiana Supreme Court · 1989
  4. White v. Board of Medical Registration & ExaminationIndiana Supreme Court · 1956
  5. Board of Zoning Appeals v. Shell Oil Co.Indiana Court of Appeals · 1975

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3Cited by15 opinions

  1. Town Council of New Harmony v. ParkerIndiana Supreme Court · 2000
  2. Bagnall v. Town of Beverly ShoresIndiana Supreme Court · 2000
  3. Indiana State Board of Health Facility Administrators v. WernerIndiana Court of Appeals · 2006
  4. Hoosier Environmental Council v. Department of Natural ResourcesIndiana Court of Appeals · 1996
  5. Indiana State Board of Health Facility Administrators v. WernerIndiana Court of Appeals · 2006

10 more not listed; retrieve them via the Exa API.

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