§ 34-13-6-4 — Trial of appeals; scope of review; disposition

Indiana § 34-13-6-4

• 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) The decisions of the board or council
appealed from are conclusive on all parties except the party appealing.
The decision appealed from is considered prima facie correct and the
burden of proof in all appeals is on the party appealing.
(b) All appeals shall be tried by the court without the intervention
of a jury. The court shall try and hear de novo the issues of the action
or decision of the board or council presented by written remonstrance
or as otherwise provided by statute and raised by the appeals.
(c) The:
(1) method of arriving at the action or decision of the board or
council in making an award of damages or assessment of benefits;
and
(2) any issues not authorized by the statute to be made before the
board or council, and appealed from;
may not be reviewed, considered, or adjudged by the court on appeal.
(d) The amount of benefits assessed or the damages awarded
affecting any property, other than the property and the separate
assessments or awards on them involved in each instance in a
proceeding by a board or council from which an appeal is taken, may
not be considered by the court on appeal.
(e) The court:
(1) may, on its own motion; and
(2) shall, on the motion of either party;
view and inspect any district, land, and property affected, damaged,
benefited, or appropriated, including the work or thing proposed or
done.
(f) The court, according to the particular statute allowing the appeal
as the statute permits or prescribes the matters that may be considered,
may set aside, affirm, lower, or increase an award, damages, or
assessment of benefits as the court considers just and then order that
action. The court also may affirm, reverse, or modify, in whole or in
part, the action or decision of the board or council appealed from. The
order and judgment of the court is conclusive upon all parties, and no
appeal lies except upon questions affecting the jurisdiction of the court.
[Pre-1998 Recodification Citation: 34-4-17.5-4.]

Legislative History

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