34-13-6-8. Priority of Appeal
Sec. 8. An appeal takes precedence over other pending litigation and shall be tried and determined by the court at as early a date as practical. [Pre-1998 Recodification Citation: 34-4-17.5-8.] As added by P.L.1-1998, SEC.8.
34-13-6-1. Complaint; Filing; Contents
Sec. 1. (a) An appeal allowed by statute from any action or decision of: (1) a board of a city; (2) the legislative body of a city if it performs the functions of a board; or (3) the legislative body of a town; shall be filed as an original complaint against the city or town […]
34-13-6-2. Pleading; Motions to Dismiss Complaint or Appeal
Sec. 2. A pleading is not required by the municipality to the complaint on appeal since the allegations of the complaint are considered to be denied. The municipality may file a motion to dismiss the complaint by presenting any question of law regarding the sufficiency of the complaint on its face. The municipality may also […]
34-13-6-3. Consolidation of Appeals; Separate Trial
Sec. 3. (a) If more than one (1) appeal is taken from a proceeding and the appeals are filed in the same or different courts, any party to an appeal may file in the court a motion stating that justice will be best served by consolidating the appeals. The party shall serve notice of the […]
34-13-6-4. Trial of Appeals; Scope of Review; Disposition
Sec. 4. (a) The decisions of the board or council appealed from are conclusive on all parties except the party appealing. The decision appealed from is considered prima facie correct and the burden of proof in all appeals is on the party appealing. (b) All appeals shall be tried by the court without the intervention […]
34-13-6-5. Findings of Court; Judgment; Costs; Damages; Assessment of Benefits
Sec. 5. (a) If the court finds that the action or decision of the board or council appealed from should in all things be affirmed, its judgment must state that, naming the board or council and the proceedings in which the appeal is taken. Judgment for costs shall then be rendered against the party appealing. […]
34-13-6-6. Change of Venue or Judge; Rehearing; Supreme Court Appeal; Procedure
Sec. 6. A change of venue from the county is not allowed in the appeal, but a change of judge shall be allowed as provided for civil actions. A petition for rehearing may be filed by any party within fifteen (15) days after the decision, order, and judgment of the court. Pending that time and […]
34-13-6-7. Increase in Damages or Reduction in Assessment of Benefits; Liability of City; Costs of Appeal
Sec. 7. (a) If on appeal: (1) the amount of an award of damages is increased; or (2) the amount of an assessment of benefits is reduced; the municipality is liable to the plaintiff for the increase in the award of damages and is liable to the party entitled to them for a reduction in […]