Chapter 16.44 ADMINISTRATION AND ENFORCEMENT
Section 16.44.090 Appeal.
16.44.090 Appeal.
A. Any final decision of the plat committee
or the department may be appealed to the
commission. The notice of final decision shall contain the date of mailing thereon. The appeal may
be initiated by the petitioner or and adjacent property owner affected by such final decision. The
appeal shall be directed to the commission and shall be filed with the department. Such appeal
must be made within ten days of the mailing of such final decision to the petitioner or adjacent
property owner, as the case may be. If the expiration of such ten days occurs on a Saturday,
Sunday or legal holiday, then such expiration date shall be extended to include the next business
day thereafter following.
B. An appeal of a plat committee or department
final decision shall be heard by the plan
commission at a regularly scheduled session or special session of the commission within forty-five
days after the filing of an appeal petition with the department, and the plan commission shall render
its written final decision within fifteen days after such hearing. With the consent of the petition
and
commission, the hearing date may be extended.
C. A final decision of the commission
may be appealed to the circuit court or superior court of
Bartholomew County, Indiana. The appeal shall be through a petition for writ of certiorari filed
with the clerk of the appropriate court within thirty days after the date of such final decision. The
petition shall, in all respects, conform with Indiana Law. (Prior code § 28-102)