Indiana § 34-13-5-12 - Matters to be heard in public hearing

§ 34-13-5-12. Matters to be heard in public hearing

Sec. 12. Where:

(1) as a condition precedent to the construction, financing, or leasing of a public improvement, the municipal corporation is required to hold a public hearing preceded by public notice; and

(2) the hearing is held and the notice is given in accordance with applicable law;

the plaintiff in a public lawsuit is not entitled to raise any issue in the public lawsuit that the plaintiff could have but did not raise at the hearing. Any matters or issues relating to any procedural matters that were not raised and could have been redone or corrected following the hearing are declared to be irregularities and not jurisdictional to the power of the municipal corporation or its governing body in connection with the construction, financing, or leasing.

[Pre-1998 Recodification Citation: 34-4-17-8(c).]

As added by P.L.1-1998, SEC.8.

IC 34-13-6Chapter 6. Appeals From Actions of Municipalities

34-13-6-1Complaint; filing; contents 34-13-6-2Pleading; motions to dismiss complaint or appeal 34-13-6-3Consolidation of appeals; separate trial 34-13-6-4Trial of appeals; scope of review; disposition 34-13-6-5Findings of court; judgment; costs; damages; assessment of benefits 34-13-6-6Change of venue or judge; rehearing; supreme court appeal; procedure 34-13-6-7Increase in damages or reduction in assessment of benefits; liability of city; costs of appeal 34-13-6-8Priority of appeal