Rule of law; resolution of doubt as to existence of power of a unit
Applied in 5 court decisions — leading case City of North Vernon v. Jennings Northwest Regional Utilities (2005)
Most recently applied in Anderson v. Gaudin (September 2015)
As added by Acts 1980, P.L.211, SEC.1.
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Sec. 3. (a) The rule of law that any doubt as to the existence of a power of a unit shall be resolved against its existence is abrogated.
(b) Any doubt as to the existence of a power of a unit shall be resolved in favor of its existence. This rule applies even though a statute granting the power has been repealed.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.