Section 36-4-3-15.5 - Appeals after final publication of annexation ordinance; procedure(a) Except as provided in subsection (b): (1) an owner of land within one-half (1/2) mile of territory proposed to be annexed under this chapter; or(2) a municipality located in the same county as the territory proposed to be annexed; may, not later than sixty (60) days after the publication of the annexation ordinance, appeal that annexation to a circuit court or superior court of a county in which the annexed territory is located. The complaint must state that the reason the annexation should not take place is that the territory sought to be annexed is not contiguous to the annexing municipality.
(b) This subsection applies to an annexation initiated by property owners under section 5.1 of this chapter in which all property owners within the area to be annexed petition the municipality to be annexed. Either of the following may appeal that annexation to a circuit court or superior court of a county in which the annexed territory is located: (1) An owner of land within one-half (1/2) mile of the territory proposed to be annexed under this chapter.(2) A municipality located in the same county as the territory proposed to be annexed. An appeal under this subsection must be filed not later than thirty (30) days after the publication of the annexation ordinance. The complaint must state that the reason the annexation should not take place is that the territory sought to be annexed is not contiguous to the annexing municipality.
(c) Upon the determination of the court that the complaint is sufficient, the judge shall fix a time for a hearing to be held not later than sixty (60) days after the determination. Notice of the proceedings shall be served by summons upon the proper officers of the annexing municipality. The municipality shall become a defendant in the cause and be required to appear and answer. The judge of the circuit or superior court shall, upon the date fixed, proceed to hear and determine the appeal without a jury, and shall, without delay, give judgment upon the question of the annexation according to the evidence introduced by the parties. If the evidence establishes that the territory sought to be annexed is contiguous to the annexing municipality, the court shall deny the appeal and dismiss the proceeding. If the evidence does not establish the foregoing factor, the court shall issue an order to prevent the proposed annexation from taking effect. The laws providing for change of venue from the county do not apply, but changes of venue from the judge may be had. Costs follow judgment. Pending the appeal, and during the time within which the appeal may be taken, the territory sought to be annexed is not a part of the annexing municipality.Amended by P.L. 104-2022,SEC. 159, eff. 4/1/2022.Amended by P.L. 207-2014, SEC. 2, eff. 3/27/2014.As added by Acts1981 , P.L. 308, SEC.7. Amended by P.L. 5-1989, SEC.98; P.L. 224-2001, SEC.12; P.L. 113-2010, SEC.118.