§ 36-7-15.2-14 — Appeal by aggrieved person; bond; procedure

Indiana § 36-7-15.2-14

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7: PLANNING AND DEVELOPMENT
• Ch. 15.2: Economic Development Project Districts in Marion

Text

(a) A person who filed a written
remonstrance with the commission under section 11 of this chapter and
is aggrieved by the final action taken may, within ten (10) days after
that final action, file an appeal in the office of the clerk of the circuit or
superior court with a copy of the resolution of the commission and the
person's remonstrance against that resolution.
(b) If an appeal is filed, the commission may petition that the appeal
be dismissed unless the remonstrator posts a bond with a surety
approved by the court payable to the commission for the payment of all
damages and costs that may accrue by reason of the filing of the lawsuit
if the commission prevails. A hearing on a petition to dismiss an appeal
shall be conducted in the same manner as a hearing on a temporary
injunction under IC 34-26. If at the hearing the court determines that
the remonstrator cannot establish facts that would entitle the
remonstrator to a temporary injunction, the court shall set the amount
of the bond to be filed by the remonstrator in an amount found by the
judge to cover all damages and costs that may accrue to the
commission because of the appeal if the commission prevails. If no
bond is filed by the remonstrator with sureties approved by the court
within ten (10) days after the court's order is entered, the suit shall be
dismissed, and no court has further jurisdiction of the appeal or any
other lawsuit involving any issue that was or could have been raised on
the appeal.
(c) The burden of proof in the appeal is on the remonstrator, and a
change of venue from the county may not be granted.
(d) 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. Notwithstanding any
other law, the court shall decide the appeal based on the record and
evidence before the commission, not by trial de novo, and may sustain
the remonstrance only if it finds that the actions of the commission in
adopting the resolution were arbitrary and capricious.
(e) The court 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. An
appeal to the court of appeals or supreme court has priority over all
other civil appeals.
(f) Either the remonstrator or the commission may appeal the court
order to the Indiana supreme court within the ten (10) day period by
notice of appeal on a statement of errors in the same manner as is
provided in a petition for mandate or prohibition. The supreme court
may stay the lower court order pending its own decision, may set a
bond to be filed by the remonstrator, may modify the order of the lower
court, or may enter its order as the final order in a case.

Legislative History

As added by P.L.84-1987, SEC.13. Amended by P.L.1-1998, SEC.208.