Sec. 19. (a) A person aggrieved by a decision made by the town legislative body under section 15 of this chapter or by the result of an election under section 16 of this chapter may, within thirty (30) days, appeal that decision or result to the circuit court for the county in which the town is located. The appeal is instituted by giving written notice to the town legislative body and filing with the town clerk a bond in the sum of five hundred dollars ($500), with surety approved by the legislative body. The bond must provide that the appeal will be duly prosecuted and that the appellants will pay all costs if the appeal is decided against them.
(b) When an appeal is instituted, the town clerk shall file with the clerk of the circuit court a transcript of all proceedings in the case, together with all papers filed in the case. The town legislative body may not take further action in the case until the appeal is heard and determined.
(c) An appeal under this section shall be heard by the circuit court without a jury. Change of venue from the judge may be granted, but change of venue from the county may not be granted.
[Pre-Local Government Recodification Citation: 18-3-1-26.]
As added by Acts 1980, P.L.212, SEC.4.
Structure Indiana Code
Article 5. Government of Towns
Chapter 1. Incorporation; Dissolution
36-5-1-1. Application of Chapter
36-5-1-2. Requirements of Petition to Incorporate Town
36-5-1-3. Items to Accompany Petition
36-5-1-4. Sufficiency of Petition; Plan Commission Recommendations
36-5-1-5. Public Hearing on Petition; Notice
36-5-1-6. Parties Entitled to Be Heard; Remonstrance; Dismissal of Petition
36-5-1-7. Petition to Incorporate Town Within Certain Distance of City Boundaries
36-5-1-7.1. Exemption From City Consent Requirements
36-5-1-8. County Executive Action on Petition; Public Question
36-5-1-9. Denied Petition; Resubmittal
36-5-1-11. Liability for Existing Indebtedness or Other Obligations; Payment to Township
36-5-1-11.5. Localities Considered Towns for All Purposes
36-5-1-12. Proceedings to Dissolve or Change Name; Petition, Signatures, and Reasons
36-5-1-13. Bond for Costs and Expenses
36-5-1-14. Notice of Filing of Petition and Day of Hearing
36-5-1-15. Hearing; Withdrawal of Petitioner's Name; Decision
36-5-1-16. Dissolution or Change of Name; Date of Election; Notice
36-5-1-17. Election; Ballots; Clerk's Statement of Votes Cast