Section 36-7-4-1602 - Initiation of judicial review; required showing(a) Judicial review of a zoning decision is initiated by filing a petition for review in the appropriate court.(b) Only a person who qualifies under: (1) section 1603 of this chapter concerning standing;(2) section 1604 of this chapter concerning exhaustion of administrative remedies;(3) section 1605 of this chapter concerning the time for filing a petition for review; and(4) section 1613 of this chapter concerning the time for filing the board record for review; is entitled to judicial review of a final zoning decision.
(c) A person is entitled to judicial review of a nonfinal zoning decision only if the person establishes both of the following:(1) Immediate and irreparable harm.(2) No adequate remedy exists at law. The failure of a person to comply with the procedural requirements of this chapter may not be the basis for a finding of an inadequate remedy at law.Added by P.L. 126-2011, SEC. 49, eff. 7/1/2011.