2018 Indiana Code
TITLE 6. Taxation
CHAPTER 20.3. Distressed Political Subdivisions
6-1.1-20.3-12. Burden of proof; findings of fact; grounds for relief

IC 6-1.1-20.3-12 Burden of proof; findings of fact; grounds for relief

     Sec. 12. (a) The burden of demonstrating the invalidity of an action taken by the board is on the party to the judicial review proceeding asserting the invalidity.

     (b) The validity of an action taken by the distressed unit appeal board shall be determined in accordance with the standards of review provided in this section as applied to the agency action at the time it was taken.

     (c) The tax court shall make findings of fact on each material issue on which the court's decision is based.

     (d) The tax court shall grant relief under IC 33-26-6-7 only if the tax court determines that a person seeking judicial relief has been prejudiced by an action of the board that is:

(1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;

(2) contrary to constitutional right, power, privilege, or immunity;

(3) in excess of statutory jurisdiction, authority, or limitations, or short of statutory jurisdiction, authority, or limitations;

(4) without observance of procedure required by law; or

(5) unsupported by substantial or reliable evidence.

As added by P.L.146-2008, SEC.211.


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