IC 34-13-5
    Chapter 5. Public Lawsuits for Testing Public Improvements ofMunicipal Corporations

IC 34-13-5-1
Exclusive applicability of chapter
    Sec. 1. All public lawsuits shall be brought solely in conformitywith and governed by the provisions of this chapter.
As added by P.L.1-1998, SEC.8.

IC 34-13-5-2
Plaintiff; class actions; right of intervention
    Sec. 2. (a) Plaintiffs in a public lawsuit may sue in their capacityeither as citizens or taxpayers of the municipal corporation.
    (b) A public lawsuit described in subsection (a) is a class suit(whether captioned as such or not), subject to the rights ofintervention, the addition of parties, and the addition of otherrepresentatives of the same class, as is provided by law in other civilactions. Special appearances may be made in situations permitted byapplicable law.
As added by P.L.1-1998, SEC.8.

IC 34-13-5-3
Trial procedure
    Sec. 3. The procedure in the trial court governing trial of thepublic lawsuit is the same as in other civil cases. When possible, thehearing on any interlocutory order shall be consolidated with thehearing on all other justiciable issues.
As added by P.L.1-1998, SEC.8.

IC 34-13-5-4
Change of venue
    Sec. 4. A change of venue from the judge may be permitted, butno change from the county may be permitted. When a change fromthe judge has been requested in accordance with the time limitsprescribed by law, the affidavit or motion for the change shall beimmediately certified to the supreme court:
        (1) by the clerk of the trial court; or
        (2) upon the failure of the clerk to act promptly, by verifiedcopy of the motion presented to the supreme court by themoving party.
As added by P.L.1-1998, SEC.8.

IC 34-13-5-5
Appointment of special judge
    Sec. 5. (a) The rules regarding the selection of a special judge incivil cases do not apply. The supreme court shall appoint the specialjudge in a public lawsuit.
    (b) A special judge is not required to reside in the county in whichthe case is pending or in any adjoining county.    (c) A special judge may be a regular judge of any circuit, superior,criminal, probate, juvenile, or other lower court of Indiana, anymember of the Indiana bar, or any member of the court of appeals orthe supreme court where the appointment can be validly made.
As added by P.L.1-1998, SEC.8.

IC 34-13-5-6
Special reporter
    Sec. 6. To expedite the trial of the case, either party may apply tothe court for the appointment of a special reporter or firm ofreporters to be the court reporter for the public lawsuit which thecourt may in its discretion approve. The moving party shall pay thecost, which may not be taxed as costs of the action.
As added by P.L.1-1998, SEC.8.

IC 34-13-5-7
Interlocutory hearing
    Sec. 7. (a) At any time before the final hearing in a public lawsuit,the defendant may petition for an order of the court that the cause bedismissed unless the plaintiff posts a bond with surety to be approvedby the court. The bond must be payable to the defendant for thepayment of all damages and costs that may accrue by reason of thefiling of the lawsuit if the defendant prevails.
    (b) A hearing shall be held on a petition described in subsection(a) in the same manner as the hearing on temporary injunctions underIC 34-26-1. If, at the hearing, the court determines that the plaintiffcannot establish facts that would entitle the plaintiff to a temporaryinjunction, the court shall set the amount of bond to be filed by theplaintiff in an amount found by the judge to cover all damage andcosts that may accrue to the defendants by reason of the pendency ofthe public lawsuit in the event the defendant prevails.
    (c) If the plaintiff does not file a bond with sureties approved bythe court within ten (10) days after the order to do so is entered, thesuit shall be dismissed.
    (d) Either plaintiff or defendant may appeal an order to post ordeny bond to the Indiana supreme court within ten (10) days bynotice of appeal and a statement of error in the same manner as isprovided in a petition for mandate or prohibition. The supreme courtmay:
        (1) stay the lower court order pending its own decision;
        (2) set a bond to be filed by the plaintiff;
        (3) modify the order of the lower court; or
        (4) enter its order as a final order in a case.
    (e) If no bond is filed as provided in this section:
        (1) the public lawsuit shall be dismissed; and
        (2) no court has further jurisdiction of the public lawsuit or anyother public lawsuit involving any issue that was or could havebeen raised.
    (f) This section does not create, nor shall it be construed ascreating, any additional cause of action on the part of any municipal

corporation, person, partnership, limited liability company, orcorporation, unless the defendant is required to and does post bond.
As added by P.L.1-1998, SEC.8.

IC 34-13-5-8
Appeals
    Sec. 8. Appeals from any final judgment in a public lawsuit shallbe governed by, and taken in the same manner and with the sametime limits, as appeals from interlocutory orders of a circuit orsuperior court under applicable law.
As added by P.L.1-1998, SEC.8.

IC 34-13-5-9
Extensions of time; advance of trial or appeal
    Sec. 9. Extensions of time, both in the trial court and in theIndiana supreme court, shall be granted only in extreme cases. Thetrial of a public lawsuit and the hearing of any appeal shall beadvanced by the trial court and by the Indiana supreme courtrespectively, without request of either party, as expeditiously as isreasonably possible.
As added by P.L.1-1998, SEC.8.

IC 34-13-5-10
Jurisdiction of trial court
    Sec. 10. (a) A public lawsuit may not be brought, and no trialcourt has jurisdiction of any public lawsuit that is brought:
        (1) more than ten (10) days after the first publication requiredby law for the sale of bonds of a municipal corporation; or
        (2) in the case of a lease under IC 20-47-2, more than ten (10)days after the first publication of notice by any school buildingcorporation for the sale of its bonds;
but in no case later than the time limited for bringing suit underapplicable law.
    (b) After a public lawsuit is commenced, no other lawsuit relatingto the same subject matter may be commenced, and no trial court hasjurisdiction of any subsequent lawsuit. No action may be broughtexcept as provided in this chapter if it could have been the subject ofa public lawsuit. This chapter does not diminish any right ofintervention of any person, or the right of any person to become anamed party in the public lawsuit.
    (c) This section shall not be construed to extend any existingstatute of limitations on the bringing of any lawsuit.
As added by P.L.1-1998, SEC.8. Amended by P.L.2-2006, SEC.184.

IC 34-13-5-11
Exhaustion of administrative remedies required before bringingpublic lawsuit
    Sec. 11. As a condition precedent to bringing any public lawsuit,a plaintiff must first exhaust all the administrative remedies availableto the plaintiff under applicable law, including but not limited to the

filing of a remonstrance where the issues raised could have beenraised by the filing under applicable law. No plaintiff may commencea public lawsuit or be named as a party in the lawsuit unless one (1)of the plaintiffs has complied with this section.
As added by P.L.1-1998, SEC.8.

IC 34-13-5-12
Matters to be heard in public hearing
    Sec. 12. Where:
        (1) as a condition precedent to the construction, financing, orleasing of a public improvement, the municipal corporation isrequired to hold a public hearing preceded by public notice; and
        (2) the hearing is held and the notice is given in accordancewith applicable law;
the plaintiff in a public lawsuit is not entitled to raise any issue in thepublic lawsuit that the plaintiff could have but did not raise at thehearing. Any matters or issues relating to any procedural matters thatwere not raised and could have been redone or corrected followingthe hearing are declared to be irregularities and not jurisdictional tothe power of the municipal corporation or its governing body inconnection with the construction, financing, or leasing.
As added by P.L.1-1998, SEC.8.