Sec. 27. (a) The commission may institute the following:

(1) A suit for injunction in the circuit court, superior court, or probate court with jurisdiction in the county to restrain an individual or a governmental entity from violating this chapter or an ordinance adopted under this chapter or under IC 13-2-22.6 (before its repeal).

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Indiana Code 14-28-4-27

  • commission: refers to a flood plain commission established under this chapter. See Indiana Code 14-28-4-1
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Probate: Proving a will
  • Venue: The geographical location in which a case is tried.
(2) A suit for a mandatory injunction directing an individual or a governmental entity to remove a structure erected in violation of:

(A) this chapter or IC 13-2-22.6 (before its repeal); or

(B) an ordinance adopted under this chapter or under IC 13-2-22.6 (before its repeal).

     (b) If the commission is successful in the commission’s suit, the respondent shall pay the costs of the action. A change of venue from the county may not be granted.

[Pre-1995 Recodification Citation: 13-2-22.6-23.]

As added by P.L.1-1995, SEC.21. Amended by P.L.84-2016, SEC.73.