Section 36-9-27.4-24 - Remedies(a) In an action filed under section 23 of this chapter, the court: (1) shall enter an order vacating the order of the drainage board directing the county surveyor to remove the obstruction; and(2) may issue an injunction against the removal of the obstruction; 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.