Indiana Code 10-18-3-5. Petition hearing; remonstrance; appeal
(1) be signed by citizens and taxpayers of the county or city;
Terms Used In Indiana Code 10-18-3-5
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
- Probate: Proving a will
(3) ask that the memorial not be established or protest against the kind of memorial proposed and provide reasons for the protest. Before the new hearing date, additional names of citizens and taxpayers may be added to or withdrawn from the petition and remonstrance. A person who signs the petition may not be counted on a remonstrance against it. On or after the first day designated, a taxpayer may be added to a petition and remonstrance for hearing.
(b) If a remonstrance is not filed, the board of commissioners or common council may grant the petition and order the establishment of a memorial, subject to the conditions of this chapter. If a proper remonstrance is filed on the first day designated for the hearing, the board of commissioners or common council may grant the petition on or after the second day of the hearing as fixed by the board of commissioners, unless there is a greater number of qualified remonstrators against the memorial than petitioners for the memorial at that time. If this occurs, the petition shall be dismissed at the cost of the petitioners.
(c) A taxpayer of the county aggrieved by the action of the board may appeal its decision to the circuit court, superior court, or probate court of the county within ten (10) days in the same manner as other appeals are taken from the action of the board. The cause must be tried de novo.
[Pre-2003 Recodification Citation: 10-7-5-5.]
As added by P.L.2-2003, SEC.9. Amended by P.L.84-2016, SEC.59.