§ 36-7-11-21 — "Interested party" defined; private rights of action; allegations; bond; liability; attorney's fees and costs; revenue; other remedies

Indiana § 36-7-11-21

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7: PLANNING AND DEVELOPMENT
• Ch. 11: Historic Preservation Generally

Text

(a) As used in this section, "interested party"
means one (1) of the following:
(1) The executive of the unit.
(2) The legislative body of the unit.
(3) The agency having land use planning jurisdiction over a
historic district designated by the ordinance adopted under this
chapter.
(4) A neighborhood association, whether incorporated or
unincorporated, a majority of whose members are residents of a
historic district designated by an ordinance adopted under this
chapter.
(5) An owner or occupant owning or occupying property located
in a historic district established by an ordinance adopted under
this chapter.
(6) Historic Landmarks Foundation of Indiana, Inc., or any of its
successors.
(7) The state historic preservation officer designated under IC 14-21-1-19.
(b) Every interested party has a private right of action to enforce and
prevent violation of a provision of this chapter or an ordinance adopted
by a unit under this chapter, and with respect to any building, structure,
or site within a historic district, has the right to restrain, enjoin, or
enforce by restraining order or injunction, temporarily or permanently,
any person from violating a provision of this chapter or an ordinance
adopted by a unit under this chapter.
(c) The interested party does not have to allege or prove irreparable
harm or injury to any person or property to obtain relief under this
section.
(d) The interested party bringing an action under this section does
not have to post a bond unless the court, after a hearing, determines
that a bond should be required in the interest of justice.
(e) The interested party that brings an action under this section is
not liable to any person for damages resulting from bringing or
prosecuting the action unless the action was brought without good faith
or without a reasonable belief that a provision of this chapter, or an
ordinance adopted by a unit under this chapter, had been, or was about
to be violated or breached.
(f) An interested party who obtains a favorable judgment in an
action under this section may recover reasonable attorney's fees and
court costs from the person against whom judgment was rendered.
(g) An action arising under this section must be brought in the
circuit or superior court of the county in which the historic district lies
and no change of venue from the county shall be allowed in the action.
(h) The remedy provided in this section is in addition to other
remedies that may be available at law or in equity.

Legislative History

As added by P.L.146-1992, SEC.7. Amended by P.L.1-1995, SEC.81.