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

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

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

As added by P.L.1-1998, SEC.8.