Indiana Code § 36-7-4-1610

Review of issue not previously raised
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Sec. 1610. A person may obtain judicial review of an issue that was not raised before the board, only to the extent that: (1) the issue concerns whether a person who was required to be notified by this chapter or other law of a board hearing was notified in substantial compliance with this chapter or other law; or (2) the interests of justice would be served by judicial resolution of an issue arising from a change in controlling law occurring after the zoning decision.

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