Sec. 40. (a) Not later than five (5) days after the
commission has determined a matter by vote, other than a rezoning matter referred to the commission by the
development commission, a party who appeared at the hearing shall, upon request of the commission, file with the commission a proposed temporary or final order.
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Terms Used In Indiana Code 36-7-11.2-40
- commission: refers to the Meridian Street preservation commission established by this chapter. See Indiana Code 36-7-11.2-3
- development commission: refers to the metropolitan development commission. See Indiana Code 36-7-11.2-5
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(c) A proposed temporary order must state the basic facts:
(1) that could have been found by the commission based upon substantial evidence of probative value actually introduced into evidence before the commission at a hearing on the matter; and
(2) upon which the commission could properly have required a restriction, a limitation, a commitment, or an undertaking as a condition to a final affirmative determination of the matter.
[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-9(e).]
As added by P.L.1-1995, SEC.83.
