« Courts - SCOTUS decisions today ... | Main | Ind. Decisions - Transfer list for week ending June 21, 2013 »

Monday, June 24, 2013

Ind. Decisions - Court of Appeals issues 1 today (and 2 NFP)

For publication opinions today (1):

In Michael Howard v. Allen County Board of Zoning, Appeals and Alvin Schmucker, a 7-page opinion, Judge Bradford writes:

Appellant-Petitioner Michael Howard appeals the trial court’s dismissal of his petition for judicial review of the decision by Appellee-Respondent the Allen County Board of Zoning Appeals (“the Board”) to grant a use variance for property owned by Appellee-Respondent Alvin Schmucker. The trial court determined that it lacked jurisdiction to hear the case because Howard failed to timely file the board record or timely request an extension of the filing deadline. Because the timing of filing the board record does not implicate matters of jurisdiction, we conclude that the trial court’s determination was clearly erroneous. But, because we interpret Indiana Code section 36-7-4-1613 to require dismissal where no materials supporting judicial review of the petitioner’s claim are timely filed and an extension of the filing deadline is not timely requested, we affirm the trial court’s judgment. * * *

For the reasons explained above, we reject Howard’s claim under Trial Rule 15 that the relation back doctrine forgives the tardiness of his second belated extension request, which Howard included in his amended petition for judicial review. Moreover, “[a]fter a filing deadline has elapsed, a party is not permitted to amend a petition to cure its procedural defects.” Corcoran v. State, 845 N.E.2d 1019, 1022 (Ind. 2006).

NFP civil opinions today (0):

NFP criminal opinions today (2):

Anthony Wilson v. State of Indiana (NFP)

Aaron W. Prater v. State of Indiana (NFP)

Posted by Marcia Oddi on June 24, 2013 10:52 AM
Posted to Ind. App.Ct. Decisions