§ 34-13-6-1 — Complaint; filing; contents

Indiana § 34-13-6-1

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 13: CAUSES OF ACTION: CLAIMS AGAINST THE
• Ch. 6: Appeals From Actions of Municipalities

Text

(a) An appeal allowed by statute from any
action or decision of:
(1) a board of a city;
(2) the legislative body of a city if it performs the functions of a
board; or
(3) the legislative body of a town;
shall be filed as an original complaint against the city or town in the
circuit or superior court of the county in which the municipality is
located.
(b) The complaint on appeal must be filed not later than thirty (30)
days after the date of the action or decision complained of, and one (1)
or more parties appealing may join in the same complaint.
(c) The appeal may not be taken by transcript.
(d) The complaint on appeal must contain the following:
(1) The title of the cause, specifying the name of the court and the
county in which the appeal is filed.
(2) Whether it is an appeal from a board or body.
(3) The name of every party plaintiff to the appeal. The
municipality must be named as the only defendant. Neither the
board, the body, nor the individual members of the board or body
may be made parties defendant to the complaint.
(4) A statement:
(A) of the facts constituting the cause of appeal, showing the
nature of the proceedings in which and the date on which the
action or decision complained of was taken; and
(B) if a statute controlling the proceeding requires, that a
remonstrance in writing was filed by the plaintiff with the board
or body as prescribed by statute, setting out a copy of the
remonstrance and showing the date on which the remonstrance
was filed.
(5) A description of each lot or tract of land or other property
owned or controlled by the party or parties appealing and the
amount of the award of damages or the amount of the assessment
of benefits complained of for each lot or tract of land or other
property described in the complaint, including the action or
decision of the board or body concerning the award or
assessment.
(6) If an appeal authorized by statute from an action or decision
of a board or body does not involve or is not limited to the
question of the amount of the award of damages or the assessment
of benefits, a specific allegation of the action or decision that
causes the party to complain.
(7) A demand for the relief to which the plaintiff believes the
plaintiff is entitled, stating when the plaintiff became involved
and the amount of damages that should be awarded or the amount
of benefits that should be assessed to or against each particular lot
or tract of land or other property described in the complaint.
[Pre-1998 Recodification Citation: 34-4-17.5-1.]

Legislative History

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