§ 36-7-30-14 — Appeal from final action of reuse authority

Indiana § 36-7-30-14

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7: PLANNING AND DEVELOPMENT
• Ch. 30: Reuse of Federal Military Bases

Text

(a) A person who filed a written
remonstrance with the reuse authority under section 12 or 13 of this
chapter and is aggrieved by the final action taken may not more than
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 reuse authority and
person's remonstrances against that order, together with the person's
bond conditioned to pay the costs of the person's appeal if the appeal
is determined against the person. 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 not more than
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 reuse authority 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.26-1995, SEC.14.