Legal Opinion

Rhoads v. Carmel Board of Zoning Appeals

Indiana Court of Appeals

Decided November 19, 1990No. 29A02-8905-CV-00206PublishedCited by 7 opinions

1Opinion of the Court

SHIELDS, Presiding Judge.

Carol Rhoads and Greg Binder (Rhoads) appeal the dismissal of their petition for a writ of certiorari (Petition) directed to the decision of the Carmel Board of Zoning Appeals (Board) granting Lynnwood Farm Associates, Ltd., (Lynnwood) a variance from developmental standards.

We reverse and remand for further proceedings.

ISSUES

I. Whether the trial court erred in dismissing Rhoads's Petition on the grounds:

A. The Petition was not properly verified.

B. Rhoads failed to give notice to property owners who spoke in opposition to Lynnwood's application for a variance at the…

2Cases cited2 opinions

  1. Austin v. SandersIndiana Supreme Court · 1986
  2. Butler Toyota, Inc. v. Metropolitan Board of Zoning AppealsIndiana Supreme Court · 1987

3Cited by7 opinions

  1. Williams-Woodland Park Neighborhood Ass'n v. Board of Zoning AppealsIndiana Court of Appeals · 1994
  2. Gary/Chicago Airport Board of Authority v. MacLinIndiana Court of Appeals · 2002
  3. Huntington County Community School Corp. v. Indiana State Board of Tax CommissionersIndiana Tax Court · 2001
  4. Bagnall v. Town of Beverly ShoresIndiana Court of Appeals · 1999
  5. Enright v. Board of Zoning AppealsIndiana Court of Appeals · 1996

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