Sec. 39. (a) If a person fails to discharge a duty imposed by this chapter other than remitted assessments, the council shall allow the person an opportunity to present comments to the council concerning reasons why the council should not bring legal action against the person. If it is necessary to obtain compliance with this chapter, the council may bring an action against the person in a circuit, superior, or municipal court of any county seeking an injunction mandating compliance and any other appropriate legal remedies.

     (b) In an action under this section, the council may be granted injunctive relief without establishing the absence of an adequate remedy at law.

[Pre-2008 Recodification Citation: 15-4-10-31.]

As added by P.L.2-2008, SEC.6.

Terms Used In Indiana Code 15-15-12-39

  • council: refers to the Indiana corn marketing council established by section 17 of this chapter. See Indiana Code 15-15-12-4
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • person: means an individual, a partnership, a limited liability company, a public or private corporation, a political subdivision (as defined in IC 36-1-2-13), a cooperative, a society, an association, or a fiduciary. See Indiana Code 15-15-12-12