Sec. 10. (a) A person assessed may appeal the assessment to the circuit or superior court of the county in which the proceedings for the construction of the work were held by filing with the clerk of the court, within ten (10) days after the date of posting the notices, an appeal bond:

(1) payable to the committee in the amount of two (2) times the assessment;

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Terms Used In Indiana Code 14-27-3-10

  • 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
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
  • Summons: Another word for subpoena used by the criminal justice system.
(2) with surety to the approval of the clerk; and

(3) conditioned that the person will prosecute the appeal and pay all costs that are adjudged against the person.

     (b) The clerk shall issue a summons for the committee served by the sheriff.

     (c) The committee shall file with the clerk the following:

(1) A copy of the record of the assessment for the repairs.

(2) The notice of the assessment.

(3) A statement showing when and where the notices were posted.

     (d) Other pleadings are not necessary.

[Pre-1995 Recodification Citation: 13-2-19.5-3(e).]

As added by P.L.1-1995, SEC.20.