Sec. 12. Where:
(1) as a condition precedent to the construction, financing, or leasing of a public improvement, the municipal corporation is required to hold a public hearing preceded by public notice; and
(2) the hearing is held and the notice is given in accordance with applicable law;
the plaintiff in a public lawsuit is not entitled to raise any issue in the public lawsuit that the plaintiff could have but did not raise at the hearing. Any matters or issues relating to any procedural matters that were not raised and could have been redone or corrected following the hearing are declared to be irregularities and not jurisdictional to the power of the municipal corporation or its governing body in connection with the construction, financing, or leasing.
[Pre-1998 Recodification Citation: 34-4-17-8(c).]
As added by P.L.1-1998, SEC.8.
Structure Indiana Code
Title 34. Civil Law and Procedure
Article 13. Causes of Action: Claims Against the Government
Chapter 5. Public Lawsuits for Testing Public Improvements of Municipal Corporations
34-13-5-1. Exclusive Applicability of Chapter
34-13-5-2. Plaintiff; Class Actions; Right of Intervention
34-13-5-5. Appointment of Special Judge
34-13-5-7. Interlocutory Hearing
34-13-5-9. Extensions of Time; Advance of Trial or Appeal
34-13-5-10. Jurisdiction of Trial Court
34-13-5-11. Exhaustion of Administrative Remedies Required Before Bringing Public Lawsuit