(A) Every decision of the city’s Plan Commission made in the administration of this chapter may be subject to court review. Any public body within the corporate limits of the city which is aggrieved by any decision of the Plan Commission in the administration of this chapter may present to the county’s circuit or superior court a duly verified petition, setting forth that the decision was erroneous in whole or in part, and specifying the grounds of the error. The petition shall be presented to the court within 30 days after the date of the decision of the Plan Commission. No change of venue from the county shall be had in any cause arising under the provisions of this section.
(B) The court may decide and determine the sufficiency of the statements of error contained in the petition without further pleadings and may make its determination and render its judgment with reference to the error in the decision of the Plan Commission on the facts set out in the petition and from Plan Commission records. If it appears to the court that testimony is necessary for the proper disposition of the matter, it may take evidence to supplement the evidence and facts submitted; the review may be by trial de novo. In passing upon the decision of the Plan Commission, the court may reverse or affirm, wholly or in part, or may modify the decision of the Plan Commission brought before the court for review.
(C) An appeal may be taken to the appellate court of the state from the final judgment of the court reversing, affirming or modifying the decision of the Plan Commission in the same manner, and upon the same terms, conditions and limitations as appeals in other civil actions.
(Prior Code, § 155.08) (Ord. 2282-1967, passed - -1967)