Indiana § 36-5-1.1-9 Appeal; notice; bond; transcript; change of venue; effective date of
dissolution

Indiana Statutes

§ 36-5-1.1-9 — Appeal; notice; bond; transcript; change of venue; effective date of dissolution

Indiana § 36-5-1.1-9

Title 36LOCAL GOVERNMENT

Art. 5GOVERNMENT OF TOWNS

Ch. 1.1Dissolution of Small Towns

This text of Indiana § 36-5-1.1-9 (Appeal; notice; bond; transcript; change of venue; effective date of dissolution) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 36-5-1.1-9 (2026).

Text

(a)A person aggrieved by a decision made by the county executive under section 6 of this chapter may, within thirty

(30)days, appeal that decision or result to the circuit court for the county containing more than fifty percent (50%) in assessed valuation of the land in the town. The appeal is instituted by giving written notice to the clerk of the circuit court and filing with the county executive a bond for five hundred dollars ($500), with surety approved by the county executive. The bond must provide:

(1)that the appeal will be duly prosecuted; and

(2)that the appellants will pay all costs if the appeal is decided against them.

(b)When an appeal is instituted, the county executive shall file with the clerk of the circuit court a transcript of all proceedings in the case, together

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(a) A person aggrieved by a decision made by
the county executive under section 6 of this chapter may, within thirty
(30) days, appeal that decision or result to the circuit court for the
county containing more than fifty percent (50%) in assessed valuation
of the land in the town. The appeal is instituted by giving written notice
to the clerk of the circuit court and filing with the county executive a
bond for five hundred dollars ($500), with surety approved by the
county executive. The bond must provide:
(1) that the appeal will be duly prosecuted; and
(2) that the appellants will pay all costs if the appeal is decided
against them.
(b) When an appeal is instituted, the county executive 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 county executive 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. If the court orders
the dissolution to take place, the circuit court clerk shall, immediately
after the judgment of the court, certify the judgment of the circuit court
to:
(1) the clerk of the municipality;
(2) the circuit court clerk of any other county in which the town
is located; and
(3) the office of the secretary of state.
(d) The dissolution takes effect sixty (60) days after the order is
certified.

Legislative History

As added by P.L.342-1987, SEC.2. Amended by P.L.5-1989, SEC.111; P.L.3-1997, SEC.459; P.L.123-2000, SEC.7; P.L.113-2010, SEC.125; P.L.104-2022, SEC.166.