Sec. 19. (a) A person who has remonstrated in writing and is aggrieved by the decision of the board may, within thirty (30) days, take an appeal to the circuit or superior court of the county in which the storm water district is located.
(b) A remonstrator desiring to appeal the action of the board shall, within thirty (30) days after the final action of the board, file in the office of the clerk of the circuit or superior court a copy of the order of the board and the remonstrance, together with a bond conditioned to pay the costs of the appeal, should the appeal be determined against the remonstrator.
(c) The court may hear the appeal only if the question is whether the board acted arbitrarily or capriciously in adopting the resolution.
(d) The cause shall be tried by the court without a jury.
(e) All remonstrances upon which appeals are taken may be consolidated and heard as one (1) claim for relief by the court.
As added by P.L.125-1987, SEC.1.
Structure Indiana Code
Title 8. Utilities and Transportation
Article 1.5. Municipal Utilities
Chapter 5. Department of Storm Water Management
8-1.5-5-1. Application of Chapter
8-1.5-5-3. "Department" Defined
8-1.5-5-3.5. "District" Defined
8-1.5-5-4. Board of Storm Water Management; Directors
8-1.5-5-4.5. County Department of Storm Water Management; Board of Directors; Compensation
8-1.5-5-5. Special Taxing District
8-1.5-5-7. Financing of Facilities; User Fees
8-1.5-5-8. Fixing and Setting Aside Revenues
8-1.5-5-9. Maintenance Account; Surplus
8-1.5-5-10. Bond and Interest Redemption Account; Surplus
8-1.5-5-11. Depreciation Account; Use of Revenues
8-1.5-5-12. Assumption and Payment of Liability Upon Acquisition of Storm Water System
8-1.5-5-13. District Bonds; Nature
8-1.5-5-15. Use of Bond Proceeds; Actions to Compel Performance; Actions Upon Default
8-1.5-5-16. Charge for Services in a Municipality; Deposit of Funds
8-1.5-5-16.5. Charge for Services in a County; Deposit of Funds
8-1.5-5-20. Property Held in Name of Unit Served by the Department
8-1.5-5-21. Bonds for Proposed Work Projects
8-1.5-5-22. Special Benefit Tax
8-1.5-5-23. Approval of Bond Issuance by Unit Served by the Department; Applicability of Ic 6-1.1-20
8-1.5-5-24. Combined Sanitary Sewer and Storm Water System Projects
8-1.5-5-25. Use of Bond Payment Revenues; Pledge of User Fees; Reductions in Fees
8-1.5-5-26. User Fee Pledges; Effect of Amendments or Repeal of Chapter
8-1.5-5-27. Maintenance of Private Property by the Department
8-1.5-5-28. Screening of Storm Water Outfalls
8-1.5-5-29. Liens for Unpaid Fees
8-1.5-5-30. Collection of Unpaid Fees; Recording of Liens; Fees, Charges, and Penalties