Ind. Code § 34-13-5-12

Current through P.L. 171-2024

Section 34-13-5-12 - Matters to be heard in public hearing

Where:

(1) as a condition precedent to the construction, financing, or leasing of a public improvement, the municipal corporation is required to hold a public hearing preceded by public notice; and

(2) the hearing is held and the notice is given in accordance with applicable law;

the plaintiff in a public lawsuit is not entitled to raise any issue in the public lawsuit that the plaintiff could have but did not raise at the hearing. Any matters or issues relating to any procedural matters that were not raised and could have been redone or corrected following the hearing are declared to be irregularities and not jurisdictional to the power of the municipal corporation or its governing body in connection with the construction, financing, or leasing.

IC 34-13-5-12

Pre-1998 Recodification Citation: 34-4-17-8(c).

As added by P.L. 1-1998, SEC.8.