Id. When a trial court conducts a writ of certiorari of a BZA hearing (or by extension, the common council), it must determine that the decision was correct as a matter of law. Bd. of Zoning Appeals v. Elkins, 659 N.E.2d 681, 683 (Ind.Ct.App. 1996) (citing Metro. Bd. of Zoning Appeals v. Gunn, 477 N.E.2d 289, 294 (Ind.Ct.App. 1985)). The trial court may not conduct a trial de novo, and may not substitute its decision for that of the BZA absent a finding of illegality.
No other summons or notice is necessary when filing a petition. The most recent Indiana case addressing the issue of when service must be perfected under this statute was Board of Zoning Appeals v. Elkins, 659 N.E.2d 681 (Ind. Ct. App. 1996), trans. denied. Elkins timely filed his petition for writ of certiorari within thirty days of the adverse ruling, but did not serve the Bloomington Board of Zoning Appeals (BZA) until after the BZA filed a motion to dismiss.
Standard of Review [13] When reviewing a decision of a zoning board, the trial court must determine if the board's decision was incorrect as a matter of law. Bd. of Zoning Appeals v. Elkins , 659 N.E.2d 681, 683 (Ind. Ct. App. 1996), trans. denied . Also, the trial court may not conduct a trial de novo or substitute its decision for that of the board. Id.
When reviewing a decision of the Board of Zoning Appeals, the trial court must determine if the board's decision was incorrect as a matter of law. Board of Zoning Appeals v. Elkins, 659 N.E.2d 681, 683 (Ind. Ct. App. 1996), trans. denied.
Oral argument was held on this case on September 9, 1997. As noted in Bloomington BZA v. Elkins, 659 N.E.2d 681 (Ind. Ct. App. 1996), trans. denied: The trial court in conducting a writ of certiorari review of a decision by the BZA must determine if that decision was incorrect as a matter of law.
When reviewing a decision of the Board of Zoning Appeals the trial court must determine if the board's decision was incorrect as a matter of law. Board of Zoning Appeals v. Elkins, 659 N.E.2d 681, 683 (Ind. Ct. App. 1996), reh'g denied, trans. denied.