§ 13-21-7-5 — Appeals

(a) If the board takes final action confirming
the resolution in an original or modified form, a person who has filed
a written remonstrance with the board as provided in section 4 of this
chapter may appeal to the circuit or superior court of the county in
which the person resides.
(b) Within ten (10) days after the final action of the board, the
remonstrator must file in the office of the clerk of the court the
following:
(1) A copy of the resolution of the board.
(2) The remonstrance.
(3) A surety bond conditioned to pay the costs of the appeal if the
appeal is determined against the remonstrator.
(c) The only ground of remonstrance of which the court has
jurisdiction on appeal is the question of whether it will be of public
utility and benefit to construct, modify, or acquire the proposed facility.
The burden of proof is upon the remonstrator. The cause shall be
summarily tried by the court without a jury.
(d) The court shall do the following:
(1) Consolidate and hear all remonstrances upon which an appeal
are taken as one (1) cause of action.
(2) Hear and determine the cause within thirty (30) days after the
time of filing the appeal.
(3) Upon the date fixed for hearing:
(A) hear evidence upon the remonstrances; and
(B) confirm the final action of the board on the resolution or
sustain the remonstrance.
[Pre-1996 Recodification Citation: 13-9.5-9-3(d).]

Legislative History

As added by P.L.1-1996, SEC.11.