2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.3. Municipal Preservation › 36-7-11.3-58. Powers of Interested Parties; Private Right of Action to Restrain, Enjoin, or Enforce Orders

Sec. 58. (a) Each interested party:
(1) has a private right of action to:
(A) enforce; and
(B) prevent violation of;
this chapter; and
(2) may, with respect to primary or secondary property:
(A) restrain or enjoin, temporarily or permanently, a person from violating; and
(B) enforce by restraining order or injunction;
this chapter.
(b) The powers described in subsection (a) include the following:
(1) To enforce written commitments, agreements, or covenants made in accordance with or under this chapter.
(2) To prevent and obtain full relief from a threatened or existing violation of section 54, 55, 56, or 57 of this chapter.
(3) To prevent:
(A) a person from seeking or having the benefits of; or
(B) a governmental body from granting;
a rezoning of or zoning variance for primary or secondary property for which the commission or development commission for rezoning has not granted prior approval in the manner required by this chapter.
(4) To:
(A) prevent construction, reconstruction, alteration, or demolition work upon; and
(B) obtain full relief from work previously done upon;
primary property for which a certificate of appropriateness was required but was not issued by the commission. A showing that issuance of certificates of appropriateness for the work could not properly have been denied by the commission if a proper application had been made is a complete defense to an action under this subdivision.
(5) To prevent further construction work upon and obtain full relief from construction work previously done upon primary property that fails in a substantial manner to comply with all the terms and conditions:
(A) of a certificate of appropriateness issued by the commission; or
(B) of the petition and documents filed with the commission upon which the commission is presumed to have based approval of the certificate.
(6) To prevent usage of primary or secondary property for which a rezoning or zoning variance:
(A) would be required; and
(B) has not been obtained.
(7) To prevent a violation of the terms and conditions of the approval by the commission of a zoning variance as petitioned for and obtained from the commission.
(c) For purposes of obtaining relief sought under this section, it is not necessary to allege or prove irreparable harm or injury to a person or property. A person entitled to bring an action under this section is not required to post a bond unless the court, after a hearing, determines that a bond should be required in the interests of justice. A person who brings an action under this section is not, however, liable to a person for any damages resulting from the bringing or prosecuting of the action unless the action was not brought:
(1) in good faith; or
(2) in the reasonable belief that:
(A) this chapter; or
(B) a commitment, an agreement, or a covenant entered into under section 36 of this chapter;
had been or was about to be violated or breached.
(d) The person against whom an action is brought under subsection (a) is liable to the interested party bringing the action for reasonable attorney's fees and court costs if judgment is entered by the court against the person.
(e) An action arising under this section must be brought in the circuit or superior court of the county, and a change of venue from the county is not permitted.
(f) The remedy provided in this section is not exclusive but is cumulative to any other remedies available at law or equity.
[Pre-1995 Title 14 Recodification Citations: 14-3-3.2-20; 14-3-3.2-23(f)(3).]
As added by P.L.1-1995, SEC.84.