§ 14-33-2-26 — Court's determination

(a) If the court finds at the hearing that:
(1) the only purpose of the district is water supply or sewage
disposal, or both; and
(2) the public health is not served immediately or prospectively
by the establishment of the district;
the court shall dismiss the petition.
(b) If the court finds at the hearing that:
(1) a purpose of the district is other than water supply or sewage
disposal; and
(2) the costs and damages incident to the establishment of the
district will exceed the benefits received within the district;
the court shall dismiss the petition.
(c) If the court finds that the evidence does support the statements
in a petition, the court shall order the district established for the
purposes named in the petition.
(d) If the court finds that the evidence supports at least one (1) of
the purposes named in a petition but does not support at least one (1)
of the other purposes, the court shall order the district established only
for the purposes the court finds supported by the evidence.
[Pre-1995 Recodification Citation: 13-3-3-30(a), (b), (c),
(d).]

Legislative History

As added by P.L.1-1995, SEC.26.