BZA had authority to modify prior erroneous order

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Crooked Creek Community Council, Inc., appeals the trial court’s affirmation of a zoning variance granted to Celebration Fireworks. On cross-appeal, Celebration and the Metropolitan Board of Zoning Appeals Division I of Marion County (“BZA”) assert we should dismiss this appeal because Crooked Creek does not have standing to challenge a zoning variance.
Conclusion (slip op. at 2):  We hold the Appellees waived Crooked Creek’s alleged lack of standing, the trial court did not commit reversible error when it declined Crooked Creek’s request to submit additional evidence, the BZA had authority to modify its 2002 order, and the record supports the grant of the variance.  Affirmed.
Key Analysis (slip op. at 11):  Clerical mistakes and other errors resulting from oversight or omission in a final order . . . may be corrected by an ultimate authority . . accordingly, the BZA had authority to correct what it believed to be a clerical error in its own 2002 order.

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Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
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