Legal Opinion
Michael Howard v. Allen County Board of Zoning, Appeals and Alvin Schmucker
Indiana Court of Appeals
Decided June 24, 2013No. 02A04-1301-PL-27PublishedCited by 13 opinions
1Opinion of the Court
OPINION
BRADFORD, Judge.
Appellant-Petitioner Michael Howard appeals the trial court’s dismissal of his petition for judicial review of the decision by Appellee-Respondent the Allen County Board of Zoning Appeals (“the Board”) to grant a use variance for property owned by Appellee-Respondent Alvin Schmucker. The trial court determined that it lacked jurisdiction to hear the case because Howard failed to timely file the board record or timely request an extension of the filing deadline. Because the timing of filing the board record does not implicate matters of jurisdiction, we conclude that the…
2Cases cited7 opinions
- K.S. v. StateIndiana Supreme Court · 2006
- GKN Co. v. MagnessIndiana Supreme Court · 2001
- Wayne County Property Tax Assessment Board of Appeals v. United Ancient Order of Druids-Grove 29Indiana Supreme Court · 2006
- Habig v. BruningIndiana Court of Appeals · 1993
- Indiana Family & Social Services Administration v. MeyerIndiana Supreme Court · 2010
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Town of Pittsboro Advisory Plan Commission and Town of Pittsboro Town Council v. Art Park, LLCIndiana Court of Appeals · 2015
- Carmel Board of Zoning Appeals, and Al-Salam Foundation, Inc. v. David Bidgood, Sheila M. Graves, Salvatore Papalardo, David J. Reeves, and Angelo R. StancoIndiana Court of Appeals · 2019
- HRC Hotels, LLC v. Metropolitan Board of Zoning Appeals Division II of Marion County, Indiana, Jeffrey R. Baumgarth and The Myers Y. Cooper CompanyIndiana Court of Appeals · 2014
- Dunmoyer v. Wells County, Indiana Area Plan CommissionIndiana Court of Appeals · 2015
- Central States Tower IV, LLC v. Board of Zoning Appeals of the City of PortageIndiana Court of Appeals · 2020
8 more not listed; retrieve them via the Exa API.