Sec. 5. The member whose seat is vacated may file an action under IC 34-17-1 with the circuit court, superior court, or probate court of the county where the town is located. As added by P.L.174-2002, SEC.4. Amended by P.L.84-2016, SEC.26.
Right of vacating town council member to file action
Ind. Code § 5-8-5-5, under Chapter 5. Notice of a Town Council Vacancy.
Ind. Code § 5-8-5-5