§ 12-20-25-28 — Determination of validity and reasonableness of claim; finality; appeal

Indiana § 12-20-25-28

• Jurisdiction: Indiana
• Art. 20: TOWNSHIP ASSISTANCE
• Ch. 25: Township Assistance in Distressed Townships

Text

(a) A determination of the management
committee concerning the validity and reasonableness of a claim is a
final administrative determination.
(b) A creditor aggrieved by a final determination of the management
committee may appeal the determination by filing a petition with the
circuit or superior court of the county in which the creditor resides or
in the county in which the distressed township is located. The petition
must be filed not more than thirty (30) days following the date of the
management committee's determination. The court shall try the cause
de novo. Except as provided in section 52(3) of this chapter, a final
court judgment that orders a payment to be made to a creditor under
this subsection may be collected upon and paid from the distressed
township's township assistance account as provided in section 40 of
this chapter. An action brought under this section is governed by IC 34-13-5, except that a change of venue is governed by the Indiana
Rules of Trial Procedure rather than IC 34-13-5-4.
(c) A claim under this article that is pending in court at the time the
township becomes a distressed township is stayed and the claimant
must file the claim with the management committee as provided in this
chapter. A claimant who has a final court judgment on a claim under
this article before the township becomes a distressed township may
proceed to collect on that judgment as provided by law.
(d) An action under this section is subject to the defense that the
claim may violate Article 13, Section 1 of the Constitution of the State
of Indiana.
[Pre-1992 Revision Citation: 12-2-14-23.]

Legislative History

As added by P.L.2-1992, SEC.14. Amended by P.L.1-1998, SEC.104; P.L.73-2005, SEC.129.