17D-1-212 - Action to challenge the creation of a special service district or a service to be provided.
17D-1-212. Action to challenge the creation of a special service district or a serviceto be provided.
(1) A person may file an action in district court challenging the creation of a specialservice district or a service that a special service district is proposed to provide if:
(a) the person filed a written protest under Section 17D-1-206;
(b) the person:
(i) (A) is a registered voter within the special service district; and
(B) alleges in the action that the procedures used to create the special service districtviolated applicable law; or
(ii) (A) is an owner of property included within the boundary of the special servicedistrict; and
(B) alleges in the action that:
(I) the person's property will not be benefitted by a service that the special service districtis proposed to provide; or
(II) the procedures used to create the special service district violated applicable law; and
(c) the action is filed within 30 days after the date that the legislative body adopts aresolution or ordinance creating the special service district.
(2) If an action is not filed within the time specified under Subsection (1), a registeredvoter or an owner of property located within the special service district may not contest thecreation of the special service district or a service that the special service district is proposed toprovide.
Enacted by Chapter 360, 2008 General Session