LegalFix
Sign In

36-7-4-1614. Burden of demonstrating invalidity of zoning decision; grounds for relief

IN Code § 36-7-4-1614 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

Sec. 1614. (a) The burden of demonstrating the invalidity of a zoning decision is on the party to the judicial review proceeding asserting invalidity.

(b) The validity of a zoning decision shall be determined in accordance with the standards of review provided in this section, as applied to the decision at the time it was made.

(c) The court shall make findings of fact on each material issue on which the court's decision is based.

(d) The court shall grant relief under section 1615 of this chapter only if the court determines that a person seeking judicial relief has been prejudiced by a zoning decision that is:

(1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;

(2) contrary to constitutional right, power, privilege, or immunity;

(3) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right;

(4) without observance of procedure required by law; or

(5) unsupported by substantial evidence.

As added by P.L.126-2011, SEC.61.

Previous Section
36-7-4-1613. Transmission of board record to court; extension of time to file record; cost of copies and transcripts
Next Section
36-7-4-1615. Finding of prejudice; judicial action