Ind. Code » Title 36
Indiana Code

Ind. Code § 36-7-4-1006 (2026)

Repealed

✓ current as of May 2026
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[Pre-Local Government Recodification Citations: 18-7-2-78; 18-7-4-1006; 18-7-4-85; 18-7-5-89.]

As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.150-2003, SEC.3. Repealed by P.L.126-2011, SEC.68.

 

Notes of Decisions
Cited in 9 cases, 1987–2019 · leading case: Shipshewana Convenience Corp. v. Bd. of Zoning Appeals, 656 N.E.2d 812 (Ind. 1995).
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Shipshewana Convenience Corp. v. Bd. of Zoning Appeals, 656 N.E.2d 812 (Ind. 1995). · cites it 8× “As such, the trial court's error here imposed upon the respondents at most the additional burden of pointing out to the trial court that the show cause provisions of the statute had not been *816 followed.”
Carmel Bd. of Zoning Appeals, & Al-Salam Found., Inc. v. David Bidgood, Sheila M. Graves, Salvatore Papalardo, David J. Reeves, & Angelo R. Stanco, 120 N.E.3d 1045 (Ind. Ct. App. 2019). · cites it 2× “See Ind. Code § 36-7-4-1006 (2003) (when court issues a writ of certiorari, it prescribes the time in which the Board is to file the record).”
Schlehuser v. City of Seymour, 674 N.E.2d 1009 (Ind. Ct. App. 1996). · cites it 2× “The record does not indicate that the trial court issued an order to the BZA to show cause why the writ should not be granted pursuant to Indiana Code § 36-7-4-1006. However, the BZA filed an "Answer to Writ of Certiorari,” in which it merely denied the alleged illegality.”
Chandler v. Bd. of Zoning Appeals, 658 N.E.2d 80 (Ind. 1995). · cites it 4× “However, the trial court did not follow the procedure set out in Indiana Code § 36-7-4-1006 requiring that a "show cause" order precede the issuance of the writ.”
Plan Comm'n for Floyd Cnty., Indiana v. Klein, 765 N.E.2d 632 (Ind. Ct. App. 2002). · cites it 2× “Copm § 36-7-4-1006 and 1008. While the issuance of a writ does not effect a stay of proceedings or of any work on the property in question, the court may, upon motion, grant an order staying the proceedings or work.”
Phillips v. Bd. of Zoning Appeals, 661 N.E.2d 903 (Ind. Ct. App. 1996). · cites it 6× “In that case, we held that, pursuant to I.C. § 36-7-4-1006, 2 when a petitioner fails to request the trial court to issue a show cause order, he or she has not complied with the statutory requirements for judicial review and thus, the trial court has no jurisdiction over the…”
Favourite v. Cnty. of Steuben Bd. of Zoning Appeals, 515 N.E.2d 560 (Ind. Ct. App. 1987). “CODE § 36-7-4-1006 (1982), a Rule to Show Cause to the Board of Zoning Appeals to show cause why a writ of certiorari should not issue.”
Plan Com'n for Floyd Cnty., Ind. v. Klein, 765 N.E.2d 632 (Ind. Ct. App. 2002). · cites it 2× “CODE § 36-7-4-1006 and -1008. While the issuance of a writ does not effect a stay of proceedings or of any work on the property in question, the court may, upon motion, grant an order staying the proceedings or work.”
Gateway West Townhouse Ass'n, Barry J. Stern & Judy C. Stern v. Metro. Dev. Comm'n of Marion Cnty. v. SF Indus. Props.-Indianapolis, LLC (Ind. Ct. App. 2013). · cites it 2× “At the conclusion of the hearing, the trial court took 1 This order appears intended to conform to the requirements of a now-repealed provision of our statutes, Indiana Code section 36-7-4-1006 (West 2006), repealed by P.”
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