White v. Vermillion County Board of Zoning Appeals

For two reasons, I do not agree that denial of the Whites' petition to intervene is reversible.

First, the petition was filed some seven months after certiorari had been sought by Kanizers. In this regard, it must be assumed that Kanizers followed the procedure required by statute and that notice was served upon Whites as an adverse party if, as asserted by Whites, they did in fact appear at the zoning hearing in opposition to the special zoning exception. See I.C. 36-7-4-1005 (West's Ann.Code 1988). Their belated concern that their interests would not be protected in the certiorari review is…