Indiana Code 36-7-9-8. Appeals
Current as of: 2023 | Check for updates
|
Other versions
Sec. 8. (a) An action taken by the hearing authority under section 7(d), 7(e), or 9(d) of this chapter or a finding by the hearing authority of abandonment under IC 36-7-37 is subject to review by the circuit or superior court of the county in which the unsafe premises are located, on request of:
(2) any person to whom that order or finding was issued.
(1) any person who has a substantial property interest in the unsafe premises; or
Terms Used In Indiana Code 36-7-9-8
- 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.
- Hearing authority: refers to a person or persons designated as such by the executive of a city or county, or by the legislative body of a town. See Indiana Code 36-7-9-2
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- Substantial property interest: means any right in real property that may be affected in a substantial way by actions authorized by this chapter, including a fee interest, a life estate interest, a future interest, a mortgage interest, or an equitable interest of a contract purchaser. See Indiana Code 36-7-9-2
- Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
(b) A person requesting judicial review under this section must file a verified complaint including the findings of fact and the action taken by the hearing authority. The complaint must be filed within ten (10) days after the date when the action was taken.
(c) An appeal under this section is an action de novo. The court may affirm, modify, or reverse the action taken by the hearing authority.
[Pre-Local Government Recodification Citation: 18-5-5.5-9.]
As added by Acts 1981, P.L.309, SEC.28. Amended by P.L.169-2006, SEC.61; P.L.247-2015, SEC.44.