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. [Pre-1998 Recodification Citation: 34-4-17.5-2.]
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