§ 36-7-14-18 — Appeals

Indiana § 36-7-14-18

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7: PLANNING AND DEVELOPMENT
• Ch. 14: Redevelopment of Areas Needing Redevelopment

Text

(a) A person who filed a written
remonstrance with the redevelopment commission under section 17 of
this chapter and is aggrieved by the final action taken may, within ten
(10) days after that final action, file in the office of the clerk of the
circuit or superior court a copy of the order of the commission and the
remonstrator's remonstrance against that order, together with the
remonstrator's bond conditioned to pay the costs of the remonstrator's
appeal if the appeal is determined against the remonstrator. The only
ground of remonstrance that the court may hear is whether the
proposed project will be of public utility and benefit. The burden of
proof is on the remonstrator.
(b) An appeal under this section shall be promptly heard by the
court without a jury. All remonstrances upon which an appeal has been
taken shall be consolidated and heard and determined within thirty (30)
days after the time of the filing of the appeal. The court shall hear
evidence on the remonstrances, and may confirm the final action of the
commission or sustain the remonstrances. The judgment of the court is
final and conclusive, unless an appeal is taken as in other civil actions.
[Pre-Local Government Recodification Citations: 18-7-7-15;
18-7-7.1-15.]
As added by Acts 1981, P.L.309, SEC.33. Amended by
P.L.127-2017, SEC.204.