Section 34A-5-44 - Appeal to circuit court from denial of annexation or exclusion of territory--Notice, hearing and order of court.
34A-5-44. Appeal to circuit court from denial of annexation or exclusion of territory--Notice, hearing and order of court. Upon failure of the board of trustees to grant the request contained in the petition of the voters said petitioners or any party feeling aggrieved thereby may within thirty days after the decision of the board of trustees or county commissioners or within ninety days after the filing of the petition where no action has been taken thereon by the board, present their petition or appeal to the circuit court for the county in which said district or the greater portion thereof is situated by filing such petition or appeal with the clerk of courts. Notice of such filing shall be served by the petitioners upon the president of the board of trustees together with a notice of the time and place, when and where a hearing will be had thereon, at least ten days before the date of such hearing. If upon the hearing the court shall find the request of the petitioners ought to be granted and can be granted without injustice to the district, the court shall so order. If the court shall find against the petitioners, the petition or appeal shall be dismissed at the cost of the petitioners.
Source: SL 1967, ch 227, § 3; SDCL, § 34-17-37.