Sec. 17. (a) A person who has remonstrated in writing and is aggrieved by the decision of the board may, within thirty (30) days, take an appeal to the circuit or superior court of the county in which the waterworks district is located.

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Terms Used In Indiana Code 8-1.5-4-17

  • 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
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
     (b) A remonstrator desiring to appeal from the action of the board shall, within thirty (30) days after the final action of the board, file in the office of the clerk of the circuit or superior court a copy of the order of the board and the remonstrance, together with a bond conditioned to pay the costs of the appeal, should the appeal be determined against him.

     (c) The court may hear the appeal only if the question is whether the board acted arbitrarily or capriciously in adopting the resolution.

     (d) The cause shall be tried to the court without a jury.

     (e) All remonstrances upon which appeals are taken may be consolidated and heard as one (1) claim for relief by the court.

As added by Acts 1982, P.L.74, SEC.1.

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