Indiana § 36-7-15.1-11 Remonstrance; appeal

Indiana Statutes

§ 36-7-15.1-11 — Remonstrance; appeal

Indiana § 36-7-15.1-11

Title 36LOCAL GOVERNMENT

Art. 7PLANNING AND DEVELOPMENT

Ch. 15.1Redevelopment of Areas in Marion County Needing

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Bluebook

Ind. Code § 36-7-15.1-11 (2026).

Text

(a)A person who filed a written remonstrance with the commission under section 10 of this chapter and is aggrieved by the final action taken may, within ten (10) days after that final action, file with the presiding judge of the superior court a copy of the order of the commission and the person's remonstrance against that order, together with the person's bond, as provided by IC 34-13-5-7, in the event the appeal is determined against the person. The burden of proof is on the remonstrator, and no change of venue may be granted.

(b)An appeal under this section shall be promptly heard by the court without a jury. Except in a county containing a consolidated city, all the judges of the court, or a majority of the judges if not all are available, shall hear the appeal. In a county containin

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(a) A person who filed a written
remonstrance with the commission under section 10 of this chapter and
is aggrieved by the final action taken may, within ten (10) days after
that final action, file with the presiding judge of the superior court a
copy of the order of the commission and the person's remonstrance
against that order, together with the person's bond, as provided by IC 34-13-5-7, in the event the appeal is determined against the person. The
burden of proof is on the remonstrator, and no change of venue may be
granted.
(b) An appeal under this section shall be promptly heard by the
court without a jury. Except in a county containing a consolidated city,
all the judges of the court, or a majority of the judges if not all are
available, shall hear the appeal. In a county containing a consolidated
city, the appeal shall be heard by one (1) judge unless rules adopted by
the court or by the Indiana supreme court require an appeal to be heard
by additional judges. 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 decide the
appeal based on the record and evidence before the commission, not by
trial de novo. It may confirm the final action of the commission or
sustain the remonstrances. If the appeal is decided in a county that does
not contain a consolidated city, the vote of at least a majority of all the
elected judges is required to 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. An
appeal to the court of appeals or supreme court has priority over all
other civil appeals.
As added by Acts 1982, P.L.77, SEC.8. Amended by
P.L.1-1998, SEC.207; P.L.141-2007, SEC.4.