Sunday, April 16, 2006

LAWSUITS CHALLENGING ACTIONS OF LOCAL PUBLIC BODIES

Statues sometimes contain procedures for judicial challenge to municipal actions. In addition, public officals should be aware of certain general provisions that might apply to lawsuits challenging their actions.

1. Are allowed under another statute; and

2. Are taken against an action or decision of a board of a city, a city council that performs the functions of a board, or town council.

"Public Lawsuits" are governed by IC 34-12-5. A public lawsuit is defined in IC34-6-2-124 as "any action whereby the validity, wisdom, feasibility, extent or character of construction, financing or leasing of any public improvement by any municipal corporation is questioned directly or indirectly...."