§ 36-9-27-108 — Judicial review; stay of proceedings ordered by board

(a) Whenever:
(1) a petition for judicial review of a board's final order for
construction, reconstruction, or maintenance of a drain is filed in
the circuit or superior court; and
(2) the petition presents an issue or issues that may not be heard
de novo by the court;
all work under the order shall be stayed pending final disposition of the
issue or issues by the court, or, if an appeal is taken, then until the issue
or issues are finally decided by the supreme court or the court of
appeals.
(b) Whenever issues that shall be heard de novo are pending in the
circuit or superior court, or on appeal, work under the order may not be
stayed by the court. However, the board may, by resolution, stay all or
any part of the work until the issues presented by the judicial review
are finally decided or until the board revokes its resolution.
[Pre-Local Government Recodification Citation:
19-4-8-6.]
As added by Acts 1981, P.L.309, SEC.101. Amended by
P.L.3-1989, SEC.232.