§ 34-13-6-2 Pleading by municipality; motions to dismiss complaint or appeal

34-13-6-2 Pleading by municipality; motions to dismiss complaint or appeal

    Sec. 2. A pleading is not required by the municipality to the complaint on appeal since the allegations of the complaint are
considered to be denied. The municipality may file a motion to dismiss the complaint by presenting any question of law regarding the sufficiency of the complaint on its face. The municipality may also file a motion to dismiss the appeal:

    (1) on the ground that the complaint was not filed within the time prescribed by law; or

    (2) on any other jurisdictional ground affecting the subject matter or the parties.