Indiana § 34-13-6-1 - Complaint; filing; contents

§ 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 in the circuit or superior court of the county in which the municipality is located.

(b) The complaint on appeal must be filed not later than thirty (30) days after the date of the action or decision complained of, and one (1) or more parties appealing may join in the same complaint.

(c) The appeal may not be taken by transcript.

(d) The complaint on appeal must contain the following:

(1) The title of the cause, specifying the name of the court and the county in which the appeal is filed.

(2) Whether it is an appeal from a board or body.

(3) The name of every party plaintiff to the appeal. The municipality must be named as the only defendant. Neither the board, the body, nor the individual members of the board or body may be made parties defendant to the complaint.

(4) A statement:

(A) of the facts constituting the cause of appeal, showing the nature of the proceedings in which and the date on which the action or decision complained of was taken; and

(B) if a statute controlling the proceeding requires, that a remonstrance in writing was filed by the plaintiff with the board or body as prescribed by statute, setting out a copy of the remonstrance and showing the date on which the remonstrance was filed.

(5) A description of each lot or tract of land or other property owned or controlled by the party or parties appealing and the amount of the award of damages or the amount of the assessment of benefits complained of for each lot or tract of land or other property described in the complaint, including the action or decision of the board or body concerning the award or assessment.

(6) If an appeal authorized by statute from an action or decision of a board or body does not involve or is not limited to the question of the amount of the award of damages or the assessment of benefits, a specific allegation of the action or decision that causes the party to complain.

(7) A demand for the relief to which the plaintiff believes the plaintiff is entitled, stating when the plaintiff became involved and the amount of damages that should be awarded or the amount of benefits that should be assessed to or against each particular lot or tract of land or other property described in the complaint.

[Pre-1998 Recodification Citation: 34-4-17.5-1.]

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