Section 36-4-3-18 - Disannexation; appeal of order; bond; scope of order(a) An order under section 17 of this chapter may be appealed to the circuit court, superior court, or probate court for the county in which any part of the affected territory is located. If an appeal is brought, the matters determined at the original hearing shall be tried de novo, and the circuit court's, superior court's, or probate court's order may be appealed in the same manner as other civil actions are tried and appealed. The municipality involved in the disannexation may, by its attorney, appear and defend its interests in the proceeding.(b) The appellant or appellants in the circuit court, superior court, or probate court shall give to the clerk of the municipality a bond:(1) with a solvent, freehold surety who is a resident of the county in which the territory is located;(2) conditioned on the due prosecution of the appeal and the payment of all costs accrued by or to accrue against the appellant or appellants; and(3) in a sum considered adequate by the clerk. If the clerk approves the bond, the clerk shall immediately make a transcript of all proceedings in the cause and certify it, together with all papers in the cause, to the clerk of the court in which the appeal is filed.
(c) On an appeal under this section, a court may make orders concerning streets and alleys, including their vacation, and award damages.Pre-Local Government Recodification Citations: 18-5-10-47; 18-5-10-48; 18-5-10-52.
Amended by P.L. 84-2016, SEC. 171, eff. 7/1/2016.As added by Acts1980 , P.L. 212, SEC.3.