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Ind. Code § 36-1-3-6

Specific manner for exercising a power; constitutional or statutory provision; ordinance; resolution

Applied in 10 court decisions — leading case City of Portage v. Rogness (1983)

Most recently applied in City of Charlestown, Indiana v. Charlestown Pleasant Ridge Neighborhood Association Corporation, Joshua Craven, Tina Barnes, David and Ellen Keith, and Bolder Properties, LLC (September 2018)

As added by Acts 1980, P.L.211, SEC.1

How often courts cite this section

1983199020002010201810
citing decisions per year

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. 6. (a) If there is a constitutional or statutory provision requiring a specific manner for exercising a power, a unit wanting to exercise the power must do so in that manner.

(b) If there is no constitutional or statutory provision requiring a specific manner for exercising a power, a unit wanting to exercise the power must either:

(1) if the unit is a county or municipality, adopt an ordinance prescribing a specific manner for exercising the power;

(2) if the unit is a township, adopt a resolution prescribing a specific manner for exercising the power; or

(3) comply with a statutory provision permitting a specific manner for exercising the power.

(c) An ordinance under subsection (b)(1) must be adopted as follows:

(1) In a municipality, by the legislative body of the municipality.

(2) In a county subject to IC 36-2-3.5 or IC 36-3-1, by the legislative body of the county.

(3) In any other county, by the executive of the county.

(d) A resolution under subsection (b)(2) must be adopted by the legislative body of the township.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.