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 or
decision of:
(1) a board of a city;
(2) the legislative body of a city if it performs the functions of
a board; or
(3) the legislative body of a town;
shall be filed as an original complaint against the city or town in the
circuit or superior court of the county in which the municipality is
located.
(b) The complaint on appeal must be filed not later than thirty
(30) days after the date of the action or decision complained of, and
one (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 and
the 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. The
municipality must be named as the only defendant. Neither the
board, the body, nor the individual members of the board or
body may be made parties defendant to the complaint.
(4) A statement:
(A) of the facts constituting the cause of appeal, showing the
nature of the proceedings in which and the date on which the
action or decision complained of was taken; and
(B) if a statute controlling the proceeding requires, that a
remonstrance in writing was filed by the plaintiff with the
board or body as prescribed by statute, setting out a copy of
the remonstrance and showing the date on which the
remonstrance was filed.
(5) A description of each lot or tract of land or other property
owned or controlled by the party or parties appealing and the
amount of the award of damages or the amount of the
assessment of benefits complained of for each lot or tract of
land or other property described in the complaint, including the
action or decision of the board or body concerning the award or
assessment.
(6) If an appeal authorized by statute from an action or decision
of a board or body does not involve or is not limited to the
question of the amount of the award of damages or the
assessment of benefits, a specific allegation of the action or
decision that causes the party to complain.
(7) A demand for the relief to which the plaintiff believes the
plaintiff is entitled, stating when the plaintiff became involved
and the amount of damages that should be awarded or the
amount of benefits that should be assessed to or against each
particular lot or tract of land or other property described in the
complaint.
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 the
complaint on appeal since the allegations of the complaint are
considered to be denied. The municipality may file a motion to
dismiss the complaint by presenting any question of law regarding
the sufficiency of the complaint on its face. The municipality may
also file a motion to dismiss the appeal:
(1) on the ground that the complaint was not filed within the
time prescribed by law; or
(2) on any other jurisdictional ground affecting the subject
matter 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 proceeding
and the appeals are filed in the same or different courts, any party to
an appeal may file in the court a motion stating that justice will be
best served by consolidating the appeals. The party shall serve notice
of the motion on the adverse party or the attorney of record.
(b) If the court in which the motion is filed decides that justice
will be best served by the consolidation, the court shall order all of
the appeals consolidated. The appeals shall be heard at the same time
by the court, and different appeals pending in different courts may all
be transferred to one (1) court for the purpose of consolidation or
trial. The court may hear all appeals at the same time either with or
without consolidation. However, if any party appealing or the
municipality objects to consolidation, they have the right to a
separate 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 from
are conclusive on all parties except the party appealing. The decision
appealed from is considered prima facie correct and the burden of
proof in all appeals is on the party appealing.
(b) All appeals shall be tried by the court without the intervention
of a jury. The court shall try and hear de novo the issues of the action
or decision of the board or council presented by written remonstrance
or as otherwise provided by statute and raised by the appeals.
(c) The:
(1) method of arriving at the action or decision of the board or
council in making an award of damages or assessment of
benefits; and
(2) any issues not authorized by the statute to be made before
the 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 awarded
affecting any property, other than the property and the separate
assessments or awards on them involved in each instance in a
proceeding by a board or council from which an appeal is taken, may
not 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 or
done.
(f) The court, according to the particular statute allowing the
appeal as the statute permits or prescribes the matters that may be
considered, may set aside, affirm, lower, or increase an award,
damages, or assessment of benefits as the court considers just and
then order that action. The court also may affirm, reverse, or modify,
in whole or in part, the action or decision of the board or council
appealed from. The order and judgment of the court is conclusive
upon all parties, and no appeal lies except upon questions affecting
the 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 of
benefits
Sec. 5. (a) If the court finds that the action or decision of the
board or council appealed from should in all things be affirmed, its
judgment must state that, naming the board or council and the
proceedings in which the appeal is taken. Judgment for costs shall
then be rendered against the party appealing.
(b) If the court finds that the action or decision of the board or
council appealed from should not be affirmed in all things, then the
court shall make a general finding, setting out, however, sufficient
facts to show the nature of the proceeding and the court's decision on
it. The court shall then render judgment on all matters properly
involved in the appeal, adjudging specifically the amount of the
award of damages or the amount of the assessment of benefits found
by the court to be due to each lot, parcel, or description or property
involved in the appeal and adjudging that the award or assessment is
payable as provided by statute.
(c) The court shall render judgment on other matters involved
where the particular appeal allowed by a statute does not relate to the
award of damages or the assessment of benefits.
(d) The court shall also render judgment on the costs of the appeal
as 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 shall
include an order, if appropriate, for the issuance of a certificate of
damages, bearing legal interest from the date of issuance, to the
person entitled to it upon all the terms and conditions that are
provided by the applicable statute. If the appeal involves benefits, the
court shall permit the assessment of benefits to be paid in full, or a
written waiver may be executed and filed for paying it in ten (10)
annual installments, with legal interest payable, and upon all other
terms and conditions that are provided by the applicable statute. All
of this must be done within thirty (30) days after the date on which
the clerk of the court certifies the order and judgment for
transmission to the board or council. If an assessment of benefits is
not paid or a waiver executed and filed as provided before the
expiration of the thirty (30) day period, the assessment becomes
delinquent and is subject to all penalties and to collection as is
provided 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 the
appeal, but a change of judge shall be allowed as provided for civil
actions. A petition for rehearing may be filed by any party within
fifteen (15) days after the decision, order, and judgment of the court.
Pending that time and until a petition so filed is ruled upon, the order
and 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 for
filing an appeal bond and special bills of exceptions embracing as
much of the record as is necessary to present fully any questions. The
appeal must be fully perfected within sixty (60) days from the final
ruling and action of the court upon the petition for a rehearing and
shall be taken direct to the supreme court of Indiana, where it shall
be placed upon the advance calendar of the court. The rules of trial
procedure govern in all matters of procedure not otherwise provided
for 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 award
of damages and is liable to the party entitled to them for a reduction
in the assessment of benefits.
(b) The amounts, costs, and expense, if the appeal is taken from
the 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 otherwise
provided by statute.
(c) The council shall make all necessary appropriations as
provided by statute to enable the board to make all payments
required by this chapter, if not otherwise provided by statute and
available for these purposes.
(d) If the appeal is taken from the board of park commissioners of
a city, then the amounts, costs, and expenses shall be paid by the
board out of its general fund, or as otherwise provided by statute.
(e) If the appeal is taken from the legislative body, other body, or
an official of a municipality, the amounts required to comply with
the court's order and judgment shall be appropriated and paid in any
manner 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 litigation
and shall be tried and determined by the court at as early a date as
practical.
As added by P.L.1-1998, SEC.8.