Indiana Code 36-9-27.4-24. Remedies
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Sec. 24. (a) In an action filed under section 23 of this chapter, the court:
(2) may issue an injunction against the removal of the obstruction;
(1) shall enter an order vacating the order of the drainage board directing the county surveyor to remove the obstruction; and
Terms Used In Indiana Code 36-9-27.4-24
- drainage board: means the following:
Indiana Code 36-9-27.4-2
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- obstruction: means a condition that:
Indiana Code 36-9-27.4-4
if the court makes a finding under subsection (b).
(b) The court is required or authorized to act under subsection (a) if the court finds that the drainage board:
(1) was clearly in error in making its findings under section 14(a) of this chapter with respect to the alleged obstruction; or
(2) exceeded its authority or discretion under the law in authorizing the removal of the obstruction.
As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.