Section 8-1.5-2-33 - Action to determine public convenience and necessity(a) This section does not apply to the following:(1) A municipality that, as of July 1, 2012, had established and operated a water utility.(2) An action brought under: (C) this chapter; before March 1, 2013.
(b) Not more than thirty (30) days after a municipality described in section 7(b)(1) or 7(b)(2) of this chapter adopts an ordinance under section 7 of this chapter, the utility may bring an action against the municipality in the circuit or superior court of the county in which the municipality is located to determine the question of public convenience and necessity.(c) The court shall stay further action by the municipality under the ordinance adopted under section 7 of this chapter pending the court's determination.(d) The court shall try the cause without delay and without a jury and review the evidence de novo.Added by P.L. 270-2013, SEC. 7, eff. 5/11/2013.