Sec. 19. (a) A person who filed a written remonstrance with the
development authority under section 17 or 18 of this chapter and is aggrieved by the final action taken may, not more than ten (10) days after that final action, file in the office of the
clerk of an appropriate circuit or superior court a copy of the order of the development authority and person’s remonstrances against that order, together with the person’s bond conditioned to pay the costs of the person’s
appeal if the appeal is determined against the person. The only ground of remonstrance that the court may hear is whether the proposed project will be of public utility and benefit. The burden of proof is on the remonstrator.
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Terms Used In Indiana Code 36-7-30.5-19
- 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
- development authority: means a military base development authority established under section 8 of this chapter. See Indiana Code 36-7-30.5-4
- 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.
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
As added by P.L.203-2005, SEC.11.
