Indiana Code 36-9-27-108. Judicial review; stay of proceedings ordered by board
(1) a petition for judicial review of a board‘s final order for construction, reconstruction, or maintenance of a drain is filed in the circuit or superior court; and
Terms Used In Indiana Code 36-9-27-108
- 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.
- Board: refers to the drainage board of a county. See Indiana Code 36-9-27-2
- Maintenance: means work on a drain as described in section 34(c) of this chapter for any of the purposes stated in that section. See Indiana Code 36-9-27-2
- Reconstruction: means work on a drain as described in section 34(b) of this chapter to correct any of the problems with the drain that are enumerated in that section up to and including the discharge portion of the drain. See Indiana Code 36-9-27-2
all work under the order shall be stayed pending final disposition of the issue or issues by the court, or, if an appeal is taken, then until the issue or issues are finally decided by the supreme court or the court of appeals.
(b) Whenever issues that shall be heard de novo are pending in the circuit or superior court, or on appeal, work under the order may not be stayed by the court. However, the board may, by resolution, stay all or any part of the work until the issues presented by the judicial review are finally decided or until the board revokes its resolution.
[Pre-Local Government Recodification Citation: 19-4-8-6.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.3-1989, SEC.232.