Indiana § 36-7-4-1612 - Additional evidence; remand for additional factfinding or preparation of adequate record
Full text of Indiana Indiana Code § 36-7-4-1612 — Additional evidence; remand for additional factfinding or preparation of adequate record, with citation guidance and answers to common questions.
§ 36-7-4-1612. Additional evidence; remand for additional factfinding or preparation of adequate record
Sec. 1612. (a) The court may receive evidence, in addition to that contained in the board record for judicial review, only if the evidence relates to the validity of the zoning decision at the time the decision was made and is needed to decide disputed issues regarding one (1) or both of the following:
(1) Improper constitution as a decisionmaking body or grounds for disqualification of those making the zoning decision.
(2) Unlawfulness of procedure or of decisionmaking process.
This subsection applies only if the additional evidence could not, by due diligence, have been discovered and raised in the board proceeding giving rise to a proceeding for judicial review.
(b) The court may remand a matter to the board before final disposition of a petition for review with directions that the board conduct further factfinding or that the board prepare an adequate record, if:
(1) the board failed to prepare or preserve an adequate record;
(2) the board improperly excluded or omitted evidence from the record; or
(3) a relevant law changed after the zoning decision and the court determines that the new provision of law may control the outcome.
As added by P.L.126-2011, SEC.59.
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 36-7-4-1612
What does Indiana Code § 36-7-4-1612 cover?
Section 36-7-4-1612 ("Additional evidence; remand for additional factfinding or preparation of adequate record") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Indiana § 36-7-4-1612?
A common citation format is "Indiana Code § 36-7-4-1612" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Indiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.
How does Indiana § 36-7-4-1612 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.