§ 6-1.1-39-4 — Appellate procedure; grounds; burden of proof

Indiana § 6-1.1-39-4

• Jurisdiction: Indiana
• Art. 1.1: PROPERTY TAXES
• Ch. 39: Economic Development Districts

Text

(a) A person who filed a written remonstrance
with the fiscal body under section 3 of this chapter and is aggrieved by
the final action taken, may, within ten (10) days after that final action,
file in the office of the clerk of the circuit or superior court of the
county in which the action is taken a copy of the ordinance of the fiscal
body and the person's remonstrance against that ordinance, together
with the person's bond as provided by IC 34-13-5-7, if the appeal is
determined against the person. The only ground of remonstrance that
the court may hear is whether the proposed economic development
district designation 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 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 fiscal body, not by
trial de novo, and may confirm the final action of the fiscal body 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.19-1985, SEC.5. Amended by P.L.1-1998, SEC.77.