Appeal procedure; discontinuance
Sec. 11. (a) The appeal may be taken by filing an original
complaint in the court against the municipality within the time
required by section 10(c) of this chapter, setting forth the action of
the works board with respect to the assessment and stating the facts
relied upon as showing an error on the part of the board. The court
shall rehear the matter of the assessment de novo and confirm,
reduce, or increase the assessment. If the court reduces the amount
of benefit assessed or increases the amount of damages awarded, the
plaintiff may recover costs. If the court confirms the amount of the
assessment, the plaintiff may not recover costs. The judgment of the
court is conclusive, and an appeal may not be taken from the court's
judgment.
(b) If upon appeal the benefits assessed or damages awarded by
the works board are reduced or increased, the municipality may,
upon the payment of costs, discontinue the proceedings. It may also,
through the works board, make and adopt an additional assessment
against all the property originally assessed in the proceeding, or that
part that is benefitted, in the manner provided for the original
assessment. However, such an assessment against any one (1) piece
of property may not exceed ten percent (10%) of the original
assessment against it.
(c) If the municipality decides to discontinue the proceedings
upon payment of costs and if assessments for benefits have already
been paid, the amounts paid shall be paid back to the person or
persons paying them.
As added by P.L.2-2002, SEC.9.
Last modified: May 24, 2006