Sec. 10. (a) Except as provided in subsection (b), a person, firm, limited liability company, or corporation that is adversely affected by a decision of the department may appeal the decision by filing a complaint in the circuit or superior court of the county in which the lake or a part of the lake is situated.

     (b) If the proposed work is the work petitioned for in a pending drainage proceeding, the complaint:

Terms Used In Indiana Code 14-26-5-10

  • 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.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
(1) must be filed in the court in which the drainage proceeding is pending; and

(2) shall be heard and determined as part of the drainage proceeding.

[Pre-1995 Recodification Citation: 13-2-15-2 part.]

As added by P.L.1-1995, SEC.19.