Sec. 39. (a) If the commission determines affirmatively a matter conditioned upon:

(1) the observance by a person of a restriction or limitation; or

Terms Used In Indiana Code 36-7-11.2-39

  • commission: refers to the Meridian Street preservation commission established by this chapter. See Indiana Code 36-7-11.2-3
  • interested party: means the following:

    Indiana Code 36-7-11.2-7

  • person: means an individual, a corporation, a partnership, an association, a trust, a governmental body or agency, or other entity, public or private, capable of entering into an enforceable contract. See Indiana Code 36-7-11.2-14
(2) the commitment made by or the undertaking of a person;

the commission shall, not later than ten (10) days after the vote determining the matter conditionally, enter a temporary order setting forth the restriction, limitation, commitment, or undertaking.

     (b) The commission shall enter a final order approving the petition upon and after a hearing at which the petitioner must satisfy the commission that the restriction, limitation, commitment, or undertaking has been formalized so that an interested party may enforce the restriction, limitation, commitment, or undertaking in a private action.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-9(d).]

As added by P.L.1-1995, SEC.83.