(A) At the time fixed for the hearing, or before the hearing, the following persons may file a written remonstrance with the Board:
(1) The owner of real property, rights-of-way, or other property to be appropriated under the resolution;
(2) A person injuriously affected by the appropriation.
(3) A person owning real or personal property within the stormwater district.
(B) At the time of the hearing, the Board shall:
(1) Hear all persons interested in the proceedings;
(2) Hear all the remonstrances that have been filed; and
(3) Take action to confirm, modify, or reject the resolution.
(C) Any person who has remonstrated in writing and is aggrieved by the decision of the Board may, within 30 days, take an appeal to the circuit or superior courts of the county in which the stormwater district is located.
(D) A remonstrator desiring to appeal the action of the Board shall, within 30 days after the final action of the Board, file in the office of the clerk of the circuit or superior courts, a copy of the order of the Board, and the remonstrance, together with a bond conditioned to pay the costs of the appeal, should the appeal be determined against the remonstrator.
(E) A court may hear the appeal only if the issue is whether the Board acted arbitrarily or capriciously in adopting the resolution.
(F) The cause shall be tried by the court without a jury.
(G) All remonstrances upon which appeals are taken may be consolidated and heard as one claim for relief by the court.
(Ord. 560, passed 9-1-92)