48-706
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48-706. Judicial review A. An owner or other person claiming an interest in the property who filed a written objection and who presented testimony or evidence at the hearing may seek review of the order forming the district and the decision of the governing body at the hearing by filing, within thirty days after the adoption of the resolution prescribed in section 48-705 which ordered the forming of the district, a petition for special action with the court of appeals. The special action shall be governed by the rules of civil procedure relating to special actions so far as applicable and not in conflict with this article. The governing body shall transmit the transcript of the hearing, the order forming the district and the affidavits of mailing and publication of the notice and resolution of intent to form the district to the court of appeals. The petitioner shall bear the cost of preparing the record for appeal. The court of appeals shall place the special action on its calendar and give it precedence for hearing over all other civil actions except election contests. The review shall be limited to a review of the transcript of the hearing, the order forming the district and the affidavits of mailing and publication of the notice and resolution declaring the governing body's intention to form the district. The court may review, on the merits, whether the formation of the district and the adoption of the general plan complied with this article and the laws and constitution of this state and whether land is benefited by the district. B. Land in an area deleted by order of the court or in a district ordered by the court to not be formed may not be included in a community facilities district for one year after the date the court's order is entered unless otherwise provided in the court's order or otherwise agreed to by the owner. |