application for a special exception (Indiana) · Go Syfert
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application for a special exception in Indiana

7 Indiana opinions name it 1 courts 1989–2016 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 (1)

CaseFollowedCited
Board of Com'rs of LaPorte County v. Town & Country Utilitiesgreen
indctapp · 2003 · cited in 1 Indiana opinions naming this issue, 2006–2006
1 sentence

2006Bd. of Comm'rs of LaPorte County v. Town & Country Utils., Inc., 791 N.E.2d 249, 257 (Ind.Ct.App.2003) (emphasis added), trams. denied.

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 (4)

CaseCitedYears
Crooked Creek Conservation & Gun Club, Inc. v. Hamilton County North Board of Zoning Appeals green
indctapp · 1997
2 sentences

2016“Since remonstrators need not affirmatively disprove an applicant’s case, a board of zoning appeals may deny an application for a special exception on the grounds that an applicant has failed to carry its burden of proving compliance with the relevant statutory criteria regardless of whether remonstrators present evidence to negate the existence of the enumerated factors.” Id. [9] Bull argues that the trial court’s order affirming the decision of the Board, which denied her application for a special exception under the Zoning Ordinance, was arbitrary, capricious, an abuse of discretion, and un

2011Id.

32010–2016
Midwest Minerals Inc. v. Board of Zoning Appeals green
indctapp · 2008
1 sentence

2012“Because remonstrators need not affirmatively disprove an applicant’s case, a board of zoning appeals may deny an application for a special exception on the grounds that an applicant has failed to carry its burden of proving compliance with the relevant statutory criteria regardless of whether the remonstrators present evidence to negate the existence of the enumerated factors.” Id.

12012–2012
Ripley County Board of Zoning Appeals v. Rumpke of Indiana, Inc. green
indctapp · 1996
1 sentence

1997Since remonstrators need not affirmatively disprove an applicant’s case, a board of zoning appeals may deny an application for a special exception on the grounds that an applicant has failed to carry its burden of proving compliance with the relevant statutory criteria regardless of whether re-monstrators present evidence to negate the existence of the enumerated factors. 1 See Ripley Co., supra, 663 N.E.2d at 207 .

11997–1997
Porter County Board of Zoning Appeals v. Bolde green
indctapp · 1989
2 sentences

1989In a published opinion dated December 5, 1988, we reversed the trial court, holding that res judicata did not bar an application for a special exception subsequent to an application for a use variance which was denied. 530 N.E.2d 1212 .

1989In a published opinion dated December 5, 1988, we reversed the trial court, holding that res judicata did not bar an application for a special exception subsequent to an application for a use variance which was denied. 530 N.E.2d 1212 .

11989–1989

Where else courts name it

MD 43 (1966–2023) PA 32 (1956–2026) CT 26 (1967–2020) RI 13 (1967–2008) NY 8 (1961–2026) IN 7 (1989–2016) FL 6 (1974–2003) DC 2 (1984–2002) DE 2 (2005–2019)

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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