Sec. 14. (a) A person who filed a written remonstrance with the reuse authority under section 12 or 13 of this chapter and is aggrieved by the final action taken may not more than ten (10) days after that final action file in the office of the clerk of the circuit or superior court a copy of the order of the reuse authority and person's remonstrances against that order, together with the person's bond conditioned to pay the costs of the person's appeal if the appeal is determined against the person. The only ground of remonstrance that the court may hear is whether the proposed project 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 not more than thirty (30) days after the time of the filing of the appeal. The court shall hear evidence on the remonstrances and may confirm the final action of the reuse authority or sustain the remonstrances. The judgment of the court is final and conclusive, unless an appeal is taken as in other civil actions.
As added by P.L.26-1995, SEC.14.
Structure Indiana Code
Article 7. Planning and Development
Chapter 30. Reuse of Federal Military Bases
36-7-30-1. Applicability of Chapter; Definitions
36-7-30-2. Preparation for Reuse of Military Bases
36-7-30-3. Establishment of Reuse Authority; Taxing Districts; Consolidated City
36-7-30-4. Appointment of Members to Reuse Authority
36-7-30-5. Term of Members; Oath; Bond; Qualifications; Reimbursement for Expenses
36-7-30-6. Meetings; Secretary-Treasurer; Rules; Quorum
36-7-30-6.5. Electronic Meetings
36-7-30-7. Removal From Office
36-7-30-8. Duties of Reuse Authority
36-7-30-9. Powers of Reuse Authority
36-7-30-9.5. Reuse Authority Payment for Services Provided by Excluded City
36-7-30-10. Plan and Declaration of Reuse Area
36-7-30-11. Adoption of Resolution
36-7-30-12. Notice and Hearing on Adoption of Resolution
36-7-30-13. Amendments to Resolution or Plan
36-7-30-14. Appeal From Final Action of Reuse Authority
36-7-30-15. Purchase of Property
36-7-30-16. Acquisition of Property by Eminent Domain
36-7-30-17. Clearing, Maintenance, and Replanning of Area
36-7-30-20. Lessor of Property
36-7-30-21. Covenant and Pledge of Revenues
36-7-30-22. Deposits to Military Base Reuse District Capital Fund and General Fund
36-7-30-23. Payments From Funds
36-7-30-24. Activities Financed by Bonds, Notes, or Warrants
36-7-30-25. Allocation Areas; Allocation and Distribution of Property Taxes
36-7-30-25.1. Incentives for Businesses in an Expired Enterprise Zone
36-7-30-26. Resolution to Modify Definition of Property Taxes
36-7-30-32. Conditions on Property Development; Development Fees
36-7-30-33. Provision of Utility Services on Current or Former Air Force Base Property
36-7-30-33.5. Legalization of Certain Contracts, Agreements, and Arrangements
36-7-30-34. Military Base Reuse Authority; Public Utility Providing Water Service
36-7-30-35. Military Base Reuse Authority; Public Utility Providing Sewage Disposal Service
36-7-30-36. Limitation on the Inclusion of a Parcel in More Than One Allocation Area