§ 32-24-2-11 — Appeal procedure; discontinuance

(a) The appeal may be taken by filing an
original complaint in the court against the municipality within the time
required by section 10(d) of this chapter, setting forth the action of the
works board with respect to the assessment and stating the facts relied
upon as showing an error on the part of the board. The court shall
rehear the matter of the assessment de novo and confirm, reduce, or
increase the assessment. If the court reduces the amount of benefit
assessed or increases the amount of damages awarded, the plaintiff may
recover costs. If the court confirms the amount of the assessment, the
plaintiff may not recover costs.
(b) If upon appeal the benefits assessed or damages awarded by the
works board are reduced or increased, the municipality may, upon the
payment of costs, discontinue the proceedings. It may also, through the
works board, make and adopt an additional assessment against all the
property originally assessed in the proceeding, or that part that is
benefitted, in the manner provided for the original assessment.
However, such an assessment against any one (1) piece of property may
not exceed ten percent (10%) of the original assessment against it.
(c) If the municipality decides to discontinue the proceedings upon
payment of costs and if assessments for benefits have already been
paid, the amounts paid shall be paid back to the person or persons
paying them.
(d) The parties may appeal a court's judgment under this section in
the manner that appeals are taken from final judgments in civil actions.
All of the parties shall take notice of and be bound by the judgment of
the appeal.
[Pre-2002 Recodification Citation: 32-11-1.5-8.]

Legislative History

As added by P.L.2-2002, SEC.9. Amended by P.L.80-2020, SEC.7.