Indiana Code 36-7-11.2-40. Proposed temporary or final orders
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Sec. 40. (a) Not later than five (5) days after the commission has determined a matter by vote, other than a rezoning matter referred to the commission by the development commission, a party who appeared at the hearing shall, upon request of the commission, file with the commission a proposed temporary or final order.
(c) A proposed temporary order must state the basic facts:
(b) A proposed final order must state in detail the basic facts that could have been found by the commission based upon substantial evidence of probative value actually introduced into evidence before the commission at a hearing on the matter.
Terms Used In Indiana Code 36-7-11.2-40
- commission: refers to the Meridian Street preservation commission established by this chapter. See Indiana Code 36-7-11.2-3
- development commission: refers to the metropolitan development commission. See Indiana Code 36-7-11.2-5
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(1) that could have been found by the commission based upon substantial evidence of probative value actually introduced into evidence before the commission at a hearing on the matter; and
(2) upon which the commission could properly have required a restriction, a limitation, a commitment, or an undertaking as a condition to a final affirmative determination of the matter.
[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-9(e).]
As added by P.L.1-1995, SEC.83.