[DOWNLOAD] "State Ex Rel. Bd. Zoning Appeals City" by 694 Supreme Court of Indiana No. 30 * Book PDF Kindle ePub Free

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eBook details

• Title: State Ex Rel. Bd. Zoning Appeals City
• Author : 694 Supreme Court of Indiana No. 30
• Release Date : January 04, 1965
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

This is a case in which the Board of School Commissioners of the City of Indianapolis asked for a writ of prohibition to prevent the respondent court from entertaining a ""Petition for a Writ of Certiorari"" which was filed in that court by the Edgewood Villa Corporation to review a decision of the Board of Zoning Appeals of the City of Indianapolis granting a variance permitting the use of certain property on North Pennsylvania Street in the City of Indianapolis for parking purposes. The petitioners, the school corporation, claimed that the respondent court lacked jurisdiction of the proceeding for a writ of certiorari by reason of the fact that the petition in that court was not verified as provided by statute. (See Burns' Ind. Stat. Anno. § 53-974 [1964 Repl.]) It is argued that this statute is mandatory and jurisdictional, since this is a narrow statutory proceeding unknown at common law, and it must be strictly followed. The record shows that on September 30, 1964 the petitioners herein filed with the Superior Court a motion to dismiss the petition for writ of certiorari on the ground that the petition was not verified, and the court overruled the same.

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