Ind. Code » Title 36
Indiana Code

Ind. Code § 36-7-4-918 (2025)

Repealed

✓ 2025 Indiana Code: the 2026 session is not included
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[Pre-Local Government Recodification Citations: 18-7-2-70 part; 18-7-2-71 part; 18-7-3-13 part; 18-7-4-918; 18-7-4-78; 18-7-5-82.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.48; Acts 1982, P.L.212, SEC.5. Repealed by P.L.357-1983, SEC.22.

 

Notes of Decisions
Cited in 16 cases (7 in the last 5 years), 1984–2026 · leading case: Ash v. Rush Cnty. Bd. of Zoning Appeals, 464 N.E.2d 347 (Ind. Ct. App. 1984).
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Ash v. Rush Cnty. Bd. of Zoning Appeals, 464 N.E.2d 347 (Ind. Ct. App. 1984). · cites it 4× “Indiana Code section 36-7-4-918(d). The majority later states that this matter has been treated as an application for a special exception and that we shall treat it as such.”
City of Crown Point v. Misty Woods Props., LLC, 864 N.E.2d 1069 (Ind. Ct. App. 2007). · cites it 2× “8 Ind. Code § 36-7-4-918 .6(d), (e). If the legislative body does not vote to deny the petition within that time, the petition is approved.”
Riverside Meadows I, LLC v. City of Jeffersonville, 72 N.E.3d 534 (Ind. Ct. App. 2017). · cites it 2× “Ind. Code § 36-7-4-918 .4 (emphasis added).”
Brown v. Lowell Min. Co., 636 N.E.2d 154 (Ind. Ct. App. 1994). “CODE § 36-7-4-918 (1980 Supp.) (recodified as IND.”
Caddyshack Looper, LLC v. Long Beach Advisory Bd. of Zoning Appeals, 22 N.E.3d 694 (Ind. Ct. App. 2014). · cites it 2× “The court then addressed the findings and decision of the BZA, focusing on the provisions of Ind. Code § 36-7-4-918 .5 regarding the approval of a variance, including when the approval would not be injurious to the public, when the use and value of the area would not be affected…”
Cardinal Indus., Inc. v. Schwartz, 483 N.E.2d 458 (Ind. Ct. App. 1985). “Schwartz argues that IC (1981) § 36-7-4-918 (Burns Code Ed.) should apply as IC § 36-7-4-918.”
GEFT Outdoor LLC v. City of Fishers, No. 1:21-cv-03058 (S.D. Ind. Oct. 27, 2022). · cites it 4× “Indiana Code § 36-7-4-918- 4 then provides: A board of zoning appeals shall approve or deny variances of use from the terms of the zoning ordinance.”
GEFT Outdoor, L.L.C. v. Monroe Cnty., No. 1:19-cv-01257 (S.D. Ind. Nov. 23, 2021). · cites it 2× “"); Ind. Code § 36-7-4-918 .4 (board of zoning appeals must decide use and design variances).”
Chosen Consulting LLC v. Town Council of Highland, No. 2:20-cv-00246 (N.D. Ind. Aug. 28, 2024). · cites it 2× “” Ind. Code § 36-7-4-918 .1(2) (emphasis added).”
GEFT Outdoor, L.L.C. v. Monroe Cnty., No. 1:19-cv-01257 (S.D. Ind. Aug. 10, 2021). · cites it 2× “"); Ind. Code § 36-7-4-918 .4 (board of zoning appeals must decide use and design variances).”
GEFT Outdoor LLC v. City of Fishers, No. 1:21-cv-03058 (S.D. Ind. Sept. 26, 2024). · cites it 2× “Ind. Code § 36-7-4-918 .4. Indeed, the Seventh Circuit upheld exactly these criteria last year after Monroe County, Indiana used them to decide variance requests.”
Beaver Gravel Corp. v. Eros Vladovich, No. 24A-PL-02494 (Ind. Ct. App. Sept. 29, 2025). · cites it 2× “Ind. Code § 36-7-4-918 .4. All five elements must be demonstrated, and the failure to establish just one element is “sufficient to defeat the [variance] request.”
Show all 16 citing cases →
Ind. Code § 36-7-4-918(d): 1 case
Ash v. Rush Cnty. Bd. of Zoning Appeals, 464 N.E.2d 347 (Ind. Ct. App. 1984). “Indiana Code section 36-7-4-918(d). The majority later states that this matter has been treated as an application for a special exception and that we shall treat it as such.”
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