§ 36-7-11.2-63 — Private right of action with respect to Meridian Street or bordering property

Indiana § 36-7-11.2-63

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7: PLANNING AND DEVELOPMENT
• Ch. 11.2: Meridian Street Preservation

Text

(a) Each interested party:
(1) has a private right of action to:
(A) enforce; and
(B) prevent violation of;
this chapter; and
(2) may, with respect to Meridian Street or bordering property:
(A) restrain or enjoin, temporarily or permanently, a person
from violating; and
(B) enforce by restraining order or injunction;
this chapter.
(b) The powers described in subsection (a) include the following:
(1) To enforce written commitments, agreements, or covenants
made in accordance with or under this chapter.
(2) To prevent and obtain full relief from a threatened or existing
violation of section 59, 60, 61, or 62 of this chapter.
(3) To prevent:
(A) a person from seeking or having the benefits of; or
(B) a governmental body from granting;
a rezoning of or zoning variance for Meridian Street or bordering
property for which the commission or development commission
for rezoning has not granted prior approval in the manner required
by this chapter.
(4) To:
(A) prevent construction, reconstruction, alteration, or
demolition work upon; and
(B) obtain full relief from work previously done upon;
Meridian Street property for which a certificate of appropriateness
was required but was not issued by the commission. A showing
that issuance of certificates of appropriateness for the work could
not properly have been denied by the commission if a proper
application had been made is a complete defense to an action
under this subdivision.
(5) To prevent further construction work upon and obtain full
relief from construction work previously done upon Meridian
Street property that fails in a substantial manner to comply with
all the terms and conditions:
(A) of a certificate of appropriateness issued by the
commission; or
(B) of the petition and documents filed with the commission
upon which the commission is presumed to have based
approval of the certificate.
(6) To prevent usage of Meridian Street or bordering property for
which a rezoning or zoning variance:
(A) would be required; and
(B) has not been obtained.
(7) To prevent a violation of the terms and conditions of the
approval by the commission of a zoning variance as petitioned for
and obtained from the commission.
(c) For purposes of obtaining relief sought under this section, it is
not necessary to allege or prove irreparable harm or injury to a person
or property. A person entitled to bring an action under this section is
not required to post a bond unless the court, after a hearing, determines
that a bond should be required in the interests of justice. A person who
brings an action under this section is not, however, liable to a person
for any damages resulting from the bringing or prosecuting of the
action unless the action was not brought:
(1) in good faith; or
(2) in the reasonable belief that:
(A) this chapter; or
(B) a commitment, an agreement, or a covenant entered into
under section 42 of this chapter;
had been or was about to be violated or breached.
(d) The person against whom an action is brought under subsection
(a) is liable to the interested party bringing the action for reasonable
attorney's fees and court costs if judgment is entered by the court
against the person.
(e) An action arising under this section must be brought in the
circuit or superior court of Marion County, and a change of venue from
the county is not permitted.
(f) The remedy provided in this section is not exclusive but is
cumulative to any other remedies available at law or equity.
[Pre-1995 Title 14 Recodification Citation:
14-3-3.2-20.]

Legislative History

As added by P.L.1-1995, SEC.83.