CHAPTER 6. APPEALS FROM ACTIONS OF MUNICIPALITIES
IC 34-13-6
Chapter 6. Appeals From Actions of Municipalities
IC 34-13-6-1
Complaint; filing; contents
Sec. 1. (a) An appeal allowed by statute from any action ordecision of:
(1) a board of a city;
(2) the legislative body of a city if it performs the functions ofa board; or
(3) the legislative body of a town;
shall be filed as an original complaint against the city or town in thecircuit or superior court of the county in which the municipality islocated.
(b) The complaint on appeal must be filed not later than thirty(30) days after the date of the action or decision complained of, andone (1) or more parties appealing may join in the same complaint.
(c) The appeal may not be taken by transcript.
(d) The complaint on appeal must contain the following:
(1) The title of the cause, specifying the name of the court andthe county in which the appeal is filed.
(2) Whether it is an appeal from a board or body.
(3) The name of every party plaintiff to the appeal. Themunicipality must be named as the only defendant. Neither theboard, the body, nor the individual members of the board orbody may be made parties defendant to the complaint.
(4) A statement:
(A) of the facts constituting the cause of appeal, showing thenature of the proceedings in which and the date on which theaction or decision complained of was taken; and
(B) if a statute controlling the proceeding requires, that aremonstrance in writing was filed by the plaintiff with theboard or body as prescribed by statute, setting out a copy ofthe remonstrance and showing the date on which theremonstrance was filed.
(5) A description of each lot or tract of land or other propertyowned or controlled by the party or parties appealing and theamount of the award of damages or the amount of theassessment of benefits complained of for each lot or tract ofland or other property described in the complaint, including theaction or decision of the board or body concerning the award orassessment.
(6) If an appeal authorized by statute from an action or decisionof a board or body does not involve or is not limited to thequestion of the amount of the award of damages or theassessment of benefits, a specific allegation of the action ordecision that causes the party to complain.
(7) A demand for the relief to which the plaintiff believes theplaintiff is entitled, stating when the plaintiff became involvedand the amount of damages that should be awarded or the
amount of benefits that should be assessed to or against eachparticular lot or tract of land or other property described in thecomplaint.
As added by P.L.1-1998, SEC.8.
IC 34-13-6-2
Pleading; motions to dismiss complaint or appeal
Sec. 2. A pleading is not required by the municipality to thecomplaint on appeal since the allegations of the complaint areconsidered to be denied. The municipality may file a motion todismiss the complaint by presenting any question of law regardingthe sufficiency of the complaint on its face. The municipality mayalso file a motion to dismiss the appeal:
(1) on the ground that the complaint was not filed within thetime prescribed by law; or
(2) on any other jurisdictional ground affecting the subjectmatter or the parties.
As added by P.L.1-1998, SEC.8.
IC 34-13-6-3
Consolidation of appeals; separate trial
Sec. 3. (a) If more than one (1) appeal is taken from a proceedingand the appeals are filed in the same or different courts, any party toan appeal may file in the court a motion stating that justice will bebest served by consolidating the appeals. The party shall serve noticeof the motion on the adverse party or the attorney of record.
(b) If the court in which the motion is filed decides that justicewill be best served by the consolidation, the court shall order all ofthe appeals consolidated. The appeals shall be heard at the same timeby the court, and different appeals pending in different courts may allbe transferred to one (1) court for the purpose of consolidation ortrial. The court may hear all appeals at the same time either with orwithout consolidation. However, if any party appealing or themunicipality objects to consolidation, they have the right to aseparate trial of each appeal.
As added by P.L.1-1998, SEC.8.
IC 34-13-6-4
Trial of appeals; scope of review; disposition
Sec. 4. (a) The decisions of the board or council appealed fromare conclusive on all parties except the party appealing. The decisionappealed from is considered prima facie correct and the burden ofproof in all appeals is on the party appealing.
(b) All appeals shall be tried by the court without the interventionof a jury. The court shall try and hear de novo the issues of the actionor decision of the board or council presented by written remonstranceor as otherwise provided by statute and raised by the appeals.
(c) The:
(1) method of arriving at the action or decision of the board orcouncil in making an award of damages or assessment of
benefits; and
(2) any issues not authorized by the statute to be made beforethe board or council, and appealed from;
may not be reviewed, considered, or adjudged by the court on appeal.
(d) The amount of benefits assessed or the damages awardedaffecting any property, other than the property and the separateassessments or awards on them involved in each instance in aproceeding by a board or council from which an appeal is taken, maynot be considered by the court on appeal.
(e) The court:
(1) may, on its own motion; and
(2) shall, on the motion of either party;
view and inspect any district, land, and property affected, damaged,benefited, or appropriated, including the work or thing proposed ordone.
(f) The court, according to the particular statute allowing theappeal as the statute permits or prescribes the matters that may beconsidered, may set aside, affirm, lower, or increase an award,damages, or assessment of benefits as the court considers just andthen order that action. The court also may affirm, reverse, or modify,in whole or in part, the action or decision of the board or councilappealed from. The order and judgment of the court is conclusiveupon all parties, and no appeal lies except upon questions affectingthe jurisdiction of the court.
As added by P.L.1-1998, SEC.8.
IC 34-13-6-5
Findings of court; judgment; costs; damages; assessment ofbenefits
Sec. 5. (a) If the court finds that the action or decision of theboard or council appealed from should in all things be affirmed, itsjudgment must state that, naming the board or council and theproceedings in which the appeal is taken. Judgment for costs shallthen be rendered against the party appealing.
(b) If the court finds that the action or decision of the board orcouncil appealed from should not be affirmed in all things, then thecourt shall make a general finding, setting out, however, sufficientfacts to show the nature of the proceeding and the court's decision onit. The court shall then render judgment on all matters properlyinvolved in the appeal, adjudging specifically the amount of theaward of damages or the amount of the assessment of benefits foundby the court to be due to each lot, parcel, or description or propertyinvolved in the appeal and adjudging that the award or assessment ispayable as provided by statute.
(c) The court shall render judgment on other matters involvedwhere the particular appeal allowed by a statute does not relate to theaward of damages or the assessment of benefits.
(d) The court shall also render judgment on the costs of the appealas the facts and law require.
(e) If the appeal involves the amount of an award of damages or
the amount of an assessment of benefits, or both, the court shallinclude an order, if appropriate, for the issuance of a certificate ofdamages, bearing legal interest from the date of issuance, to theperson entitled to it upon all the terms and conditions that areprovided by the applicable statute. If the appeal involves benefits, thecourt shall permit the assessment of benefits to be paid in full, or awritten waiver may be executed and filed for paying it in ten (10)annual installments, with legal interest payable, and upon all otherterms and conditions that are provided by the applicable statute. Allof this must be done within thirty (30) days after the date on whichthe clerk of the court certifies the order and judgment fortransmission to the board or council. If an assessment of benefits isnot paid or a waiver executed and filed as provided before theexpiration of the thirty (30) day period, the assessment becomesdelinquent and is subject to all penalties and to collection as isprovided by the applicable statute.
As added by P.L.1-1998, SEC.8.
IC 34-13-6-6
Change of venue or judge; rehearing; supreme court appeal;procedure
Sec. 6. A change of venue from the county is not allowed in theappeal, but a change of judge shall be allowed as provided for civilactions. A petition for rehearing may be filed by any party withinfifteen (15) days after the decision, order, and judgment of the court.Pending that time and until a petition so filed is ruled upon, the orderand judgment of the court may be certified to the board or council.At the time of ruling upon a petition, the court may grant time forfiling an appeal bond and special bills of exceptions embracing asmuch of the record as is necessary to present fully any questions. Theappeal must be fully perfected within sixty (60) days from the finalruling and action of the court upon the petition for a rehearing andshall be taken direct to the supreme court of Indiana, where it shallbe placed upon the advance calendar of the court. The rules of trialprocedure govern in all matters of procedure not otherwise providedfor by this chapter.
As added by P.L.1-1998, SEC.8.
IC 34-13-6-7
Increase in damages or reduction in assessment of benefits;liability of city; costs of appeal
Sec. 7. (a) If on appeal:
(1) the amount of an award of damages is increased; or
(2) the amount of an assessment of benefits is reduced;
the municipality is liable to the plaintiff for the increase in the awardof damages and is liable to the party entitled to them for a reductionin the assessment of benefits.
(b) The amounts, costs, and expense, if the appeal is taken fromthe board of public works or the board of public works and safety,shall be paid by the board out of funds appropriated by the common
council or city-county council for that purpose, or as otherwiseprovided by statute.
(c) The council shall make all necessary appropriations asprovided by statute to enable the board to make all paymentsrequired by this chapter, if not otherwise provided by statute andavailable for these purposes.
(d) If the appeal is taken from the board of park commissioners ofa city, then the amounts, costs, and expenses shall be paid by theboard out of its general fund, or as otherwise provided by statute.
(e) If the appeal is taken from the legislative body, other body, oran official of a municipality, the amounts required to comply withthe court's order and judgment shall be appropriated and paid in anymanner authorized by statute.
As added by P.L.1-1998, SEC.8.
IC 34-13-6-8
Priority of appeal
Sec. 8. An appeal takes precedence over other pending litigationand shall be tried and determined by the court at as early a date aspractical.
As added by P.L.1-1998, SEC.8.