Bagnall v. Town of Beverly Shores

The trial court properly dismissed the Bagnalls’ writ petitions. I disagree with the majority’s contrary view. Concerning petitions 1 and 3 the majority finds dispositive the case of Board of Zoning Appeals v. Elkins, 659 N.E.2d 681 (Ind.Ct.App.1996), trans. denied. I cannot agree because El-kins stands for the proposition that notice need not be perfected within thirty days. In fact our supreme court opinion upon which Elkins relies specifically holds “[t]o require the actual service of notice within thirty (30) days after the decision of the Board of Zoning Appeals would read into the…