§ 36-5-1-19 — Aggrieved persons; appeal; procedure

Indiana § 36-5-1-19

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 5: GOVERNMENT OF TOWNS
• Ch. 1: Incorporation; Dissolution

Text

(a) A person aggrieved by a decision made by
the town legislative body under section 15 of this chapter or by the
result of an election under section 16 of this chapter may, within thirty
(30) days, appeal that decision or result to the circuit court for the
county in which the town is located. The appeal is instituted by giving
written notice to the town legislative body and filing with the town
clerk a bond in the sum of five hundred dollars ($500), with surety
approved by the legislative body. The bond must provide that the
appeal will be duly prosecuted and that the appellants will pay all costs
if the appeal is decided against them.
(b) When an appeal is instituted, the town clerk shall file with the
clerk of the circuit court a transcript of all proceedings in the case,
together with all papers filed in the case. The town legislative body
may not take further action in the case until the appeal is heard and
determined.
(c) An appeal under this section shall be heard by the circuit court
without a jury. Change of venue from the judge may be granted, but
change of venue from the county may not be granted.
[Pre-Local Government Recodification Citation:
18-3-1-26.]
As added by Acts 1980, P.L.212, SEC.4.