granting of a special exception in Indiana

11 Indiana opinions name it 1 courts 1980–2017 0 in the last five years

The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

Case	Followed	Cited
Town of Merrillville Board of Zoning Appeals v. Public Storage, Inc.green indctapp · 1991 · cited in 2 Indiana opinions naming this issue, 2002–2017 2 sentences 2017Town of Merrillville Bd. of Zoning Appeals v. Public Storage, Inc., 568 N.E.2d 1092, 1094 (Ind. Ct. App. 1991), trans. denied. 2002Town of Merrillville Bd. of Zoning Appeals v. Public Storage, Inc., 568 N.E.2d 1092, 1094 (Ind.Ct.App.1991).	2	2
Ash v. Rush County Board of Zoning Appealsgreen indctapp · 1984 · cited in 2 Indiana opinions naming this issue, 1985–2001 2 sentences 1985The granting of a special exception is mandatory upon compliance with the statutory criteria set forth in the ordinance." Ash v. Rush County Board of Zoning Appeals (1984), Ind.App., 464 N.E.2d 347, 350 ; Boffo v. Boone County Board of Zoning Appeals, supra, 421 N.E.2d 1119 ; see also Long v. Board of Zoning Appeals for Indianapolis (1962) 134 Ind.App. 97 , 182 N.E.2d 790 . 1985The granting of a special exception is mandatory upon compliance with the statutory criteria set forth in the ordinance." Ash v. Rush County Board of Zoning Appeals (1984), Ind. App., 464 N.E.2d 347, 350 ; Boffo v. Boone County Board of Zoning Appeals, supra, 421 N.E.2d 1119 ; see also Long v. Board of Zoning Appeals for Indianapolis (1962) 134 Ind. App. 97 , 182 N.E.2d 790 .	1	2
Long v. Board of Zoning Appeals, Etc.green indctapp · 1962 · cited in 2 Indiana opinions naming this issue, 1980–1985 2 sentences 1985The granting of a special exception is mandatory upon compliance with the statutory criteria set forth in the ordinance." Ash v. Rush County Board of Zoning Appeals (1984), Ind.App., 464 N.E.2d 347, 350 ; Boffo v. Boone County Board of Zoning Appeals, supra, 421 N.E.2d 1119 ; see also Long v. Board of Zoning Appeals for Indianapolis (1962) 134 Ind.App. 97 , 182 N.E.2d 790 . 1985The granting of a special exception is mandatory upon compliance with the statutory criteria set forth in the ordinance." Ash v. Rush County Board of Zoning Appeals (1984), Ind.App., 464 N.E.2d 347, 350 ; Boffo v. Boone County Board of Zoning Appeals, supra, 421 N.E.2d 1119 ; see also Long v. Board of Zoning Appeals for Indianapolis (1962) 134 Ind.App. 97 , 182 N.E.2d 790 .	1	2
Network Towers, LLC v. BD. OF ZONING APPEALS OF LaPORTE CTY.green indctapp · 2002 · cited in 1 Indiana opinions naming this issue, 2008–2008 2 sentences 2008See Network Towers, LLC v. Bd. of Zoning Appeals of LaPorte County, 770 N.E.2d 837, 843 (Ind.Ct.App.2002). 2008Midwest failed to recognize that while this court’s opinion in Network Towers did provide that the granting of a special exception is mandatory under certain circumstances, the opinion further provides, “[t]his is not to say that Network was automatically entitled to the permit upon a prima facie demonstration that its tower would comply with the conditions enumerated in the Ordinance.” Id.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway.

Also cited on this issue (2)

Case	Cited	Years
S & S Enterprises, Inc. v. Marion County Board of Zoning Appeals green indctapp · 2003 2 sentences 2010Analysis We have previously noted that "[a] special exception is a use permitted under the zoning ordinance upon the showing of certain statutory criteria and the granting of a special exception is mandatory once the petitioner shows compliance with the relevant statutory criteria." S & S Enterprises, Inc., 788 N.E.2d at 490 . 2006Id.	3	2006–2010
Boffo v. Boone County Board of Zoning Appeals green indctapp · 1981 2 sentences 1985The granting of a special exception is mandatory upon compliance with the statutory criteria set forth in the ordinance." Ash v. Rush County Board of Zoning Appeals (1984), Ind.App., 464 N.E.2d 347, 350 ; Boffo v. Boone County Board of Zoning Appeals, supra, 421 N.E.2d 1119 ; see also Long v. Board of Zoning Appeals for Indianapolis (1962) 134 Ind.App. 97 , 182 N.E.2d 790 . 1985The granting of a special exception is mandatory upon compliance with the statutory criteria set forth in the ordinance." Ash v. Rush County Board of Zoning Appeals (1984), Ind. App., 464 N.E.2d 347, 350 ; Boffo v. Boone County Board of Zoning Appeals, supra, 421 N.E.2d 1119 ; see also Long v. Board of Zoning Appeals for Indianapolis (1962) 134 Ind. App. 97 , 182 N.E.2d 790 .	3	1985–1991

Where else courts name it

MD 17 (1964–2009) PA 14 (1952–2026) IN 11 (1980–2017) NY 8 (1901–2023) CT 6 (1971–1996) RI 3 (1983–1996) NH 2 (2013–2016) MO 2 (1978–1982) FL 2 (1975–2002) MI 2 (1976–1995)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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