§ 36-4-3-18 — Disannexation; appeal of order; bond; scope of order

Indiana § 36-4-3-18

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 4: GOVERNMENT OF CITIES AND TOWNS
• Ch. 3: Municipal Annexation and Disannexation

Text

(a) An order under section 17 of this chapter
may be appealed to the circuit court, superior court, or probate court for
the county in which any part of the affected territory is located. If an
appeal is brought, the matters determined at the original hearing shall
be tried de novo, and the circuit court's, superior court's, or probate
court's order may be appealed in the same manner as other civil actions
are tried and appealed. The municipality involved in the disannexation
may, by its attorney, appear and defend its interests in the proceeding.
(b) The appellant or appellants in the circuit court, superior court,
or probate court shall give to the clerk of the municipality a bond:
(1) with a solvent, freehold surety who is a resident of the county
in which the territory is located;
(2) conditioned on the due prosecution of the appeal and the
payment of all costs accrued by or to accrue against the appellant
or appellants; and
(3) in a sum considered adequate by the clerk.
If the clerk approves the bond, the clerk shall immediately make a
transcript of all proceedings in the cause and certify it, together with all
papers in the cause, to the clerk of the court in which the appeal is
filed.
(c) On an appeal under this section, a court may make orders
concerning streets and alleys, including their vacation, and award
damages.
[Pre-Local Government Recodification Citations:
18-5-10-47; 18-5-10-48; 18-5-10-52.]
As added by Acts 1980, P.L.212, SEC.3. Amended by
P.L.84-2016, SEC.171.