Legal Opinion · Dissent

Town of Darmstadt v. CWK Investments-Hillsdale, LLC

Indiana Court of Appeals

Decided October 30, 2018No. Court of Appeals Case No. 18A-MI-150Published

1DissentCrone, Judge

[27] According to my colleagues, "it is clear that the legislature intended for a petitioner to petition for judicial review based on the decision that the board made at the hearing, not based on its findings of fact." Op. at 16. I respectfully disagree.

[28] "With regard to statutory interpretation, the meaning and intention of the legislature is to be ascertained not only *18from the specific phraseology of a statute but also by considering design, nature, and the consequences that flow from the various interpretations." Concerned Citizens of W. Boggs Lake v. W. Boggs Sewer Dist., Inc. , 810…

2Cases cited6 opinions

  1. Carlton v. Board of Zoning AppealsIndiana Supreme Court · 1969
  2. Klotz v. HoytIndiana Supreme Court · 2009
  3. Johnson County Plan Commission v. Ramshead Corp.Indiana Court of Appeals · 1984
  4. Schenkel v. Allen County Plan CommissionIndiana Court of Appeals · 1980
  5. Concerned Citizens of West Boggs Lake v. West Boggs Sewer District, Inc.Indiana Court of Appeals · 2004

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