48-2753
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48-2753. Action to test validity of bonds on failure of board to commence action A. If no action is commenced by the board of directors as provided by section 48-2752, then within not less than thirty nor more than ninety days after the issuance of any bonds under this chapter, any person whose lands within the district are subject to assessment by the district may bring an action in the superior court in the county in which the office of the board of directors is located, to determine the validity of the bonds. B. The board of directors shall be made parties defendant, and service of summons shall be made on the members of the board personally if they can be found within the state, or if not, then by publication of the summons for three weeks in a newspaper designated by the court of general circulation within the county in which the office of the board of directors is located. Before publication is commenced an affidavit shall be made in the manner provided for the service of summons by publication. In addition to serving the members of the board with summons either by personal service or by publication, summons in the action shall also be published in the same manner for the same time, for the same purposes and with like effect as prescribed under section 48-2752. C. The board shall have the right to appear and contest the action. Any person whose lands within the district are subject to assessment by the district, or any other interested person, may appear and defend the action, and thereafter the same proceedings shall be had in the action as provided in section 48-2752, and the same matters determined and adjudicated by the court therein. D. The action shall be speedily tried with either party having right of appeal in the manner provided by section 48-2752. The appeal shall be heard and determined within three months from the time of the entry of the judgment appealed from. |