BZA hearing (Indiana) · Go Syfert
← Indiana issues

BZA hearing in Indiana

10 Indiana opinions name it 1 courts 1996–2019 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 (10)

CaseFollowedCited
City of New Haven v. Flying J., Inc.green
indctapp · 2009 · cited in 1 Indiana opinions naming this issue, 2018–2018
1 sentence

2018See Pinnacle II , 846 N.E.2d at 656 ("We acknowledge, as perhaps our original opinion should have, that vested rights may well accrue prior to the filing of certain applications."); Pinnacle III , 868 N.E.2d at 900 n.1 ("Expenses incurred before a permit application may typically include the costs associated with leases, options, and land purchases ...."); Flying J , 912 N.E.2d at 426 (agreeing for argument's sake with BZA's claim that real estate purchase expense is inadequate to establish a vested right).

11
Metro. Dev. Comm'n of Marion County v. Pinnacle Media, LLCgreen
ind · 2006 · cited in 1 Indiana opinions naming this issue, 2018–2018
1 sentence

2018See Pinnacle II , 846 N.E.2d at 656 ("We acknowledge, as perhaps our original opinion should have, that vested rights may well accrue prior to the filing of certain applications."); Pinnacle III , 868 N.E.2d at 900 n.1 ("Expenses incurred before a permit application may typically include the costs associated with leases, options, and land purchases ...."); Flying J , 912 N.E.2d at 426 (agreeing for argument's sake with BZA's claim that real estate purchase expense is inadequate to establish a vested right).

11
Carter v. Nugent Sand Co.green
ind · 2010 · cited in 1 Indiana opinions naming this issue, 2017–2017
1 sentence

2017As the Barnette court observed, “ ‘[w]here an administrative remedy is readily available, filing a declaratory judgment action is not a suitable alternative.’” Barnette, 15 N.E.3d at 9 (quoting Carter v. Nugent Sand Co., 925 N.E.2d 356, 360 (Ind. 2010)).

11
Drenter v. Duitzgreen
indctapp · 2008 · cited in 1 Indiana opinions naming this issue, 2014–2014
1 sentence

2014Finally, we observe that both Plaintiffs and Defendants were haphazard in their designation of evidence below. 11 was made, as collected from the whole instrument construed in connection with the circumstances surrounding its execution.” Drenter v. Duitz, 883 N.E.2d 1194, 1200 (Ind. Ct. App. 2008).

11
Crooked Creek Conservation & Gun Club, Inc. v. Hamilton County North Board of Zoning Appealsgreen
indctapp · 1997 · cited in 1 Indiana opinions naming this issue, 2007–2007
2 sentences

2007See Crooked Creek, 677 N.E.2d at 548 .

2007See Crooked Creek, 677 N.E.2d at 548 .

11
Wayne County Property Tax Assessment Board of Appeals v. United Ancient Order of Druids-Grove 29green
ind · 2006 · cited in 1 Indiana opinions naming this issue, 2007–2007
1 sentence

2007In United Ancient Order of Druids-Grove, the Indiana Supreme Court held that such an issue "is properly raised by means of a motion under Rule 12(B)(1) for lack of jurisdiction or 12(B)(6) for failure to state a claim, depending on whether the claimed defect is apparent on the face of the petition.” Wayne County Property Tax Assessment Bd. of Appeals v. United Ancient Order of Druids-Grove #29, 847 N.E.2d 924, 926 (Ind.2006). 3 .

11
City of Hobart Common Council v. Behavioral Institute of Indiana, LLCgreen
indctapp · 2003 · cited in 1 Indiana opinions naming this issue, 2006–2006
2 sentences

2006City of Hobart Common Council v. Behavioral Institute of Indiana, LLC, 785 N.E.2d 238, 254 (Ind.Ct.App.2003).

2006City of Hobart Common Council v. Behavioral Institute of Indiana, LLC, 785 N.E.2d 238, 254 (Ind.Ct.App.2003).

11
Board of Zoning Appeals v. Elkinsgreen
indctapp · 1996 · cited in 1 Indiana opinions naming this issue, 2003–2003
2 sentences

2003Bd. of Zoning Appeals v. Elkins, 659 N.E.2d 681, 683 (Ind.Ct.App.1996) (citing Metro.

2003Bd. of Zoning Appeals v. Elkins, 659 N.E.2d 681, 683 (Ind.Ct.App.1996) (citing Metro.

11
Highshew v. Kushtogreen
indctapp · 1956 · cited in 1 Indiana opinions naming this issue, 1996–1996
2 sentences

1996See Highshew v. Kushto, 126 Ind.App. 584, 592 , 131 N.E.2d 652, 655 (1956), trans. denied, 235 Ind. 505 , 134 N.E.2d 555 (1956).

1996See Highshew v. Kushto, 126 Ind.App. 584, 592 , 131 N.E.2d 652, 655 (1956), trans. denied, 235 Ind. 505 , 134 N.E.2d 555 (1956).

11
Highshew v. Kushtogreen
ind · 1956 · cited in 1 Indiana opinions naming this issue, 1996–1996
2 sentences

1996See Highshew v. Kushto, 126 Ind.App. 584, 592 , 131 N.E.2d 652, 655 (1956), trans. denied, 235 Ind. 505 , 134 N.E.2d 555 (1956).

1996See Highshew v. Kushto, 126 Ind.App. 584, 592 , 131 N.E.2d 652, 655 (1956), trans. denied, 235 Ind. 505 , 134 N.E.2d 555 (1956).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

CaseCitedYears
Bagnall v. Town of Beverly Shores green
ind · 2000
2 sentences

2019Subsection (a)(2) is applicable here because Mustillo participated in the BZA hearing and presented evidence. [9] Both parties rely significantly on our Supreme Court’s opinion in Bagnall v. Town of Beverly Shores, 726 N.E.2d 782 (Ind. 2000).

2019Subsection (a)(2) is applicable here because Mustillo participated in the BZA hearing and presented evidence. [9] Both parties rely significantly on our Supreme Court’s opinion in Bagnall v. Town of Beverly Shores, 726 N.E.2d 782 (Ind. 2000).

12019–2019
Pinnacle Media, L.L.C. v. Metropolitan Development Commission green
indctapp · 2007
1 sentence

2018See Pinnacle II , 846 N.E.2d at 656 ("We acknowledge, as perhaps our original opinion should have, that vested rights may well accrue prior to the filing of certain applications."); Pinnacle III , 868 N.E.2d at 900 n.1 ("Expenses incurred before a permit application may typically include the costs associated with leases, options, and land purchases ...."); Flying J , 912 N.E.2d at 426 (agreeing for argument's sake with BZA's claim that real estate purchase expense is inadequate to establish a vested right).

12018–2018
Johnson v. Celebration Fireworks, Inc. green
ind · 2005
1 sentence

2017To the extent that Plaintiff Owners’ claim is that they are sure the BZA would rule against them, “[T]he mere fact that an administrative agency might refuse to provide the relief requested does not amount to futility.” Johnson, 829 N.E.2d at 984 .

12017–2017
Barnette v. US Architects, LLP green
indctapp · 2014
1 sentence

2017As the Barnette court observed, “ ‘[w]here an administrative remedy is readily available, filing a declaratory judgment action is not a suitable alternative.’” Barnette, 15 N.E.3d at 9 (quoting Carter v. Nugent Sand Co., 925 N.E.2d 356, 360 (Ind. 2010)).

12017–2017
Story Bed & Breakfast, LLP v. Brown County Area Plan Commission and Patricia N. March green
ind · 2004
2 sentences

2008Once again, we observe that “[property owners are charged with knowledge of ordinances that affect their property.” Story, 819 N.E.2d at 64 .

2008Once again, we observe that “[property owners are charged with knowledge of ordinances that affect their property.” Story, 819 N.E.2d at 64 .

12008–2008

Where else courts name it

OH 14 (2005–2025) IN 10 (1996–2019) DC 8 (1979–2021) MO 3 (2002–2024) VA 3 (2006–2023)

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.

← Caselaw search · G Cite Topics · Brief Check