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

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Terms Used In Indiana Code 34-13-6-2

  • 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.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
(2) on any other jurisdictional ground affecting the subject matter or the parties.

[Pre-1998 Recodification Citation: 34-4-17.5-2.]

As added by P.L.1-1998, SEC.8.