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Indiana

Indiana Supreme Court
Uncategorized

Wike v. Grandview Solar — BZA Solar Farm Approval Without Proper ETJ Authority Was Voidable, Not Void; 30-Day Challenge Window Applies

The Indiana Supreme Court held that a Board of Zoning Appeals’ approval of a solar-farm special exception in the town’s two-mile extraterritorial fringe—issued before the town formally authorized extraterritorial jurisdiction in its comprehensive plan—was voidable, not void; landowners who did not challenge the approval within the statutory 30-day review period waived their objection.

Indiana Supreme Court
Uncategorized

Ramos-Osario v. State — State Need Not Re-Prove Constitutional Compliance at Trial After Winning Suppression Hearing

The Indiana Supreme Court held that when the State proves the constitutionality of a search or seizure at a pretrial suppression hearing, it is not required to re-establish constitutional compliance at trial; courts assessing the stop’s validity may consider evidence from both the suppression hearing and the trial, and the exclusionary rule’s aims are fully served by requiring proof once.

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