Indiana § 36-7-4-1003 - Judicial review

§ 36-7-4-1003. Judicial review

Sec. 1003. (a) Each decision of the legislative body under section 918.6 of this chapter is subject to judicial review in the same manner as that provided for the appeal of a final decision of the board of zoning appeals under section 1016(a) of this chapter.

(b) METRO. This subsection does not apply to an excluded city. A petition for judicial review must be filed with the court after the expiration of the period within which an official designated by the metropolitan development commission or a member of the legislative body of the city and county may file an appeal under section 922 of this chapter but not later than the period provided for timely filing under section 1605 of this chapter. However, if the official, or the member of the legislative body of the city and county files an appeal, then only the decision of the metropolitan development commission sitting as a board of zoning appeals is subject to judicial review. The official, the department of metropolitan development, or the member of the legislative body of the city and county may not seek judicial review of a decision of a board of zoning appeals or the commission sitting as a board of zoning appeals.

(c) METRO. This subsection applies only to an excluded city. A petition for judicial review must be filed with the court:

(1) after the expiration of the period within which a member of the excluded city legislative body may file an appeal under section 922 of this chapter; and

(2) not later than the period provided for timely filing under section 1605 of this chapter.

However, if the member of the legislative body of the excluded city files an appeal, then only the decision of the legislative body of the excluded city sitting as a board of zoning appeals is subject to judicial review. The member of the excluded city legislative body or the excluded city legislative body may not seek judicial review of a decision of the board of zoning appeals of the excluded city or the legislative body of the excluded city sitting as a board of zoning appeals.

[Pre-Local Government Recodification Citations: 18-7-2-76 part; 18-7-4-1003; 18-7-4-83 part; 18-7-5-87.]

As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.304-1989, SEC.2; P.L.1-1990, SEC.360; P.L.320-1995, SEC.17; P.L.150-2003, SEC.1; P.L.126-2011, SEC.33; P.L.88-2014, SEC.4; P.L.161-2021, SEC.12.