§ 34-13-5-12 — Matters to be heard in public hearing

Where:
(1) as a condition precedent to the construction, financing, or
leasing of a public improvement, the municipal corporation is
required to hold a public hearing preceded by public notice; and
(2) the hearing is held and the notice is given in accordance with
applicable law;
the plaintiff in a public lawsuit is not entitled to raise any issue in the
public lawsuit that the plaintiff could have but did not raise at the
hearing. Any matters or issues relating to any procedural matters that
were not raised and could have been redone or corrected following the
hearing are declared to be irregularities and not jurisdictional to the
power of the municipal corporation or its governing body in connection
with the construction, financing, or leasing.
[Pre-1998 Recodification Citation: 34-4-17-8(c).]

Legislative History

As added by P.L.1-1998, SEC.8.