Sec. 3-36 Violations; Remedies; Limitations; Costs and Fees. 24

   a.   An action may be filed by any citizen of this state in any court of competent jurisdiction to enjoin continuing, threatened or future violations of this Division or to declare void any action taken at an executive session in violation of Section 3-31 of this Division or at any meeting of which notice is not given in accordance with Section 3-33 of this Division. The plaintiff in such suit need not allege or prove special damage from that suffered by the public at large.

   b.   Any action to declare any act of a governing body null and void, or to enter an injunction which would invalidate any act of a governing body, based on violation of this Division occurring before the action is commenced, including but not limited to provisions on executive sessions and notice, shall be commenced 1) prior to the delivery of any warrants, notes, bonds, or obligations if the relief sought would have the effect, if granted, of invalidating the notes, bonds or obligations, or 2) within thirty (30) days of the act or failure to act complained of, whichever is sooner.

   c.   In any action filed under this section, a court may award reasonable attorney fees, court costs, and other reasonable expenses of litigation to the prevailing party if 1) the plaintiff prevails and the court finds the defendant's violation is knowing and intentional, or 2) the defendant prevails and the court finds the action is frivolous and vexatious.

(Ord. No. 885, § 7, 3-10-82)

 

Notes

24	24   I.C., § 5-14-1.5-7, addresses violations, remedies, costs and fees.