Sec. 2. A pleading is not required by the municipality to the complaint on appeal since the allegations of the complaint are considered to be denied. The municipality may file a motion to dismiss the complaint by presenting any question of law regarding the sufficiency of the complaint on its face. The municipality may also file a motion to dismiss the appeal:
(1) on the ground that the complaint was not filed within the time prescribed by law; or
(2) on any other jurisdictional ground affecting the subject matter or the parties.
[Pre-1998 Recodification Citation: 34-4-17.5-2.]
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 6. Appeals From Actions of Municipalities
34-13-6-1. Complaint; Filing; Contents
34-13-6-2. Pleading; Motions to Dismiss Complaint or Appeal
34-13-6-3. Consolidation of Appeals; Separate Trial
34-13-6-4. Trial of Appeals; Scope of Review; Disposition
34-13-6-5. Findings of Court; Judgment; Costs; Damages; Assessment of Benefits
34-13-6-6. Change of Venue or Judge; Rehearing; Supreme Court Appeal; Procedure