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Ind. Code § 36-7-4-1600 (2025)

1600 Series-Judicial review

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 1600. This series (sections 1600 through 1699 of this chapter) may be cited as follows: 1600 SERIES─JUDICIAL REVIEW.

As added by P.L.126-2011, SEC.47.

 

Notes of Decisions
Cited in 21 cases (7 in the last 5 years), 2012–2025 · leading case: Town of Pittsboro Advisory Plan Comm'n & Town of Pittsboro Town Council v. Art Park, LLC, 26 N.E.3d 110 (Ind. Ct. App. 2015).
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Town of Pittsboro Advisory Plan Comm'n & Town of Pittsboro Town Council v. Art Park, LLC, 26 N.E.3d 110 (Ind. Ct. App. 2015). · cites it 4× “[30] Indiana Code § 36-7-4-1602(a) provides that a petitioner is “entitled” to judicial review of a zoning decision “only” if the petitioner: (1) has standing; (2) has exhausted administrative remedies; (3) has timely filed a petition for review; and (4) has complied with…”
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× “The Board and the Foundation now appeal the trial court's order, raising one issue for our review: whether the trial court erred in denying the motion to dismiss the Remonstrators' petition for judicial review because the Remonstrators failed to timely file the Board record or…”
John C. & Maureen G. Osborne v. Town of Long Beach, Indiana, 78 N.E.3d 680 (Ind. Ct. App. 2017). “They further contend that Indiana Code sections 36-7-4-1600 through -1616, sometimes referred to as the “1600 series,” provide the method for appealing decisions of zoning boards.”
Michael Howard v. Allen Cnty. Bd. of Zoning, Appeals & Alvin Schmucker, 991 N.E.2d 128 (Ind. Ct. App. 2013). “At issue in this case is section 1613, which provides: (a) Within thirty (30) days after the filing of the petition, or within further time allowed by the court, the petitioner shall transmit to the court the original or a certified copy of the board record for judicial review…”
HRC Hotels, LLC v. Metro. Bd. of Zoning Appeals Div. II of Marion Cnty., Indiana, Jeffrey R. Baumgarth & The Myers Y. Cooper Co., 8 N.E.3d 203 (Ind. Ct. App. 2014). “HRC Hotels and not 1-465 LLC filed a timely petition for judicial review of the BZA’s grant of the variance under Indiana Code sections 36-7-4-1600 through 36-7-4-1616 (the “1600 Series”).”
Dunmoyer v. Wells Cnty., Indiana Area Plan Comm'n, 32 N.E.3d 785 (Ind. Ct. App. 2015). “Judicial Review of Zoning Decisions [24] Indiana Code sections 36-7-4-1600 through -1616 (“the 1600 Series”) “establish ] the exclusive means for judicial review of zoning decisions[.”
Lake & Forest Club, Inc. v. Beulah Hamilton (mem. dec.), No. 19A-MI-1695 (Ind. Ct. App. Dec. 10, 2019). · cites it 2× “Court of Appeals of Indiana | Memorandum Decision 19A-MI-1695 | December 10, 2019 Page 3 of 7 Analysis [7] Effective July 1, 2011, Indiana Code section 36-7-4-1600 (“the 1600 Series”) establishes the exclusive means for judicial review of zoning decisions.”
Fifty Six LLC, individually &, alternatively, in the Name of the State of Indiana ex rel. Fifty Six LLC v. Metro. Bd. of Zoning Appeals of Marion Cnty. & Fall Creek Owner LLC (mem. dec.), 147 N.E.3d 1048 (Ind. Ct. App. 2020). · cites it 2× “2 See Ind. Code § 36-7-4-1600 (“This series (sections 1600 through 1699 of this chapter) may be cited as follows: 1600 SERIES— JUDICIAL REVIEW.”
Cent. States Tower IV, LLC v. Bd. of Zoning Appeals of the City of Portage, 149 N.E.3d 1206 (Ind. Ct. App. 2020). · cites it 2× “” 4 CST filed a petition for writ of certiorari but should have sought judicial review instead, as the certiorari process has been repealed, and Indiana Code sections 36-7-4-1600 through 36-7-4-1616 (2011) (the “1600 Series”) “establish[ ] the exclusive means for judicial review…”
Sally Ann Wood v. Scott Cnty. Bd. of Commissioners, 162 N.E.3d 1105 (Ind. Ct. App. 2020). · cites it 2× “Ind. Code §§ 36-7-4-1600 - 1699. Court of Appeals of Indiana | Opinion 20A-PL-1074 | December 29, 2020 Page 4 of 11 Defendants argued that dismissal was mandatory under section 36-7-4-1613 because Wood failed to timely file the original or a certified copy of the board record or…”
Joseph Chapo v. Jefferson Cnty. Plan Comm'n, 224 N.E.3d 971 (Ind. Ct. App. 2023). · cites it 2× “[16] An appeal taken under Indiana Code § 36-7-4-1600 to -1699 “establishes the exclusive means for judicial review of zoning decisions .”
Willow Haven on 106th St, LLC v. Hari Nagireddy, 228 N.E.3d 481 (Ind. Ct. App. 2024). · cites it 2× “[15] The exclusive means for judicial review of zoning decisions “made by a board of zoning appeals, legislative body, plan commission, preservation commission, or zoning administrator” is set out in I.C. § 36-7-4-1600, -1601. One of the requirements that must be met prior to…”
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