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Indiana Code Title 13. Environment § 13-21-7-5

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 5. (a) If the board takes final action confirming the resolution in an original or modified form, a person who has filed a written remonstrance with the board as provided in section 4 of this chapter may appeal to the circuit or superior court of the county in which the person resides.

(b) Within ten (10) days after the final action of the board, the remonstrator must file in the office of the clerk of the court the following:

(1) A copy of the resolution of the board.

(2) The remonstrance.

(3) A surety bond conditioned to pay the costs of the appeal if the appeal is determined against the remonstrator.

(c) The only ground of remonstrance of which the court has jurisdiction on appeal is the question of whether it will be of public utility and benefit to construct, modify, or acquire the proposed facility.  The burden of proof is upon the remonstrator.  The cause shall be summarily tried by the court without a jury.

(d) The court shall do the following:

(1) Consolidate and hear all remonstrances upon which an appeal are   1 taken as one (1) cause of action.

(2) Hear and determine the cause within thirty (30) days after the time of filing the appeal.

(3) Upon the date fixed for hearing:

(A) hear evidence upon the remonstrances;  and

(B) confirm the final action of the board on the resolution or sustain the remonstrance.

1  So in enrolled act.
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Cite this article: FindLaw.com - Indiana Code Title 13. Environment § 13-21-7-5 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-13-environment/in-code-sect-13-21-7-5/

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