Sec. 19. (a) A person who filed a written remonstrance with the development authority under section 17 or 18 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 an appropriate circuit or superior court a copy of the order of the development 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 development 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.203-2005, SEC.11.
Structure Indiana Code
Article 7. Planning and Development
Chapter 30.5. Development of Multicounty Federal Military Bases
36-7-30.5-4. "Development Authority"
36-7-30.5-6. "Military Base Property"
36-7-30.5-6.5. Task Force Action to Establish Development Authority
36-7-30.5-7. Preparation for Reuse of Military Bases
36-7-30.5-8. Task Force Action to Establish Development Authority
36-7-30.5-9. Development Authority Governed by Board
36-7-30.5-10. Appointment of Members to Development Authority
36-7-30.5-11. Terms of Members; Oath; Bond; Qualifications; Reimbursement for Expenses
36-7-30.5-12. Meetings; Officers; Rules; Quorum
36-7-30.5-13. Removal From Office
36-7-30.5-14. Duties of Development Authority
36-7-30.5-15. Powers of Development Authority
36-7-30.5-16. Plan and Declaration of Military Base Development Area
36-7-30.5-17. Adoption of Resolution
36-7-30.5-18. Notice and Hearing on Adoption of Resolution
36-7-30.5-19. Appeal From Final Action of Development Authority
36-7-30.5-20. Purchase of Property
36-7-30.5-21. Acquisition of Property by Eminent Domain
36-7-30.5-22. Clearing, Maintenance, and Replanning of Development Area
36-7-30.5-23. Issuance of Bonds
36-7-30.5-24. Lease of Property
36-7-30.5-25. Lessor of Property
36-7-30.5-26. Pledge of Revenues and Covenant
36-7-30.5-27. Proceeds of Bonds; Capital and General Funds
36-7-30.5-28. Payment From Funds
36-7-30.5-29. Activities Financed by Bonds, Notes, or Warrants
36-7-30.5-30. Allocation Areas; Allocation and Distribution of Property Taxes
36-7-30.5-31. Resolution to Modify Definition of Property Taxes
36-7-30.5-33. Utility Services
36-7-30.5-35. Conditions on Property Development; Development Fees