§ 36-4-3-16 — Complaint alleging injury from failure to implement plan; limitation period; relief; requirements; change of venue; costs

(a) Within one (1) year after the expiration of:
(1) the one (1) year period for implementation of planned services
of a noncapital nature under section 13(d)(4) of this chapter; or
(2) the three (3) year period for the implementation of planned
services of a capital improvement nature under section 13(d)(5)
of this chapter;
any person who pays taxes on property located within the annexed
territory may file a complaint alleging injury resulting from the failure
of the municipality to implement the plan. The complaint must name
the municipality as defendant and shall be filed with the circuit or
superior court of the county in which the annexed territory is located.
(b) The court shall hear the case within sixty (60) days without a
jury. In order to be granted relief, the plaintiff must establish one (1) of
the following:
(1) That the municipality has without justification failed to
implement the plan required by section 13 of this chapter within
the specific time limit for implementation after annexation.
(2) That the municipality has not provided police protection, fire
protection, sanitary sewers, and water for human consumption
within the specific time limit for implementation, unless one (1)
of these services is being provided by a separate taxing district or
by a privately owned public utility.
(3) That the annexed territory is not receiving governmental and
proprietary services substantially equivalent in standard and scope
to the services provided by the municipality to other areas of the
municipality, regardless of topography, patterns of land use, and
population density similar to the annexed territory.
(c) The court may:
(1) grant an injunction prohibiting the collection of taxes levied
by the municipality on the plaintiff's property located in the
annexed territory;
(2) award damages to the plaintiff not to exceed one and
one-fourth (1 1/4) times the taxes collected by the municipality
for the plaintiff's property located in the annexed territory;
(3) order the annexed territory or any part of it to be disannexed
from the municipality;
(4) order the municipality to submit a revised fiscal plan for
providing the services to the annexed territory within time limits
set up by the court; or
(5) grant any other appropriate relief.
(d) A change of venue from the county is not permitted for an action
brought under this section.
(e) If the court finds for the plaintiff, the defendant shall pay all
court costs and reasonable attorney's fees as approved by the court.
(f) The provisions of this chapter that apply to territory disannexed
by other procedures apply to territory disannexed under this section.
[Pre-Local Government Recodification Citation:
18-5-10-32.5.]
As added by Acts 1980, P.L.212, SEC.3. Amended by
P.L.1-1991, SEC.208; P.L.255-1997(ss), SEC.14; P.L.217-1999,
SEC.8; P.L.173-2003, SEC.25.