§ 36-7-15.6-12 — Appeal procedures

Indiana § 36-7-15.6-12

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7: PLANNING AND DEVELOPMENT
• Ch. 15.6: Flood Control Improvement Districts

Text

(a) A person who files a written
remonstrance with the commission under section 11 of this chapter and
who is aggrieved by the final action taken may, within ten (10) days
after that final action, file with the office of the clerk of the circuit or
superior court of the county a copy of the commission's resolution and
the person's remonstrance against the resolution, together with the
person's bond as provided by IC 34-13-5-7.
(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 filing of the appeal. The court shall decide the
appeal based on the record and evidence before the commission, not by
trial de novo, 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.

Legislative History

As added by P.L.61-2018, SEC.1.