21-149 - Hearing and determination; ordering election.
§ 21-149. Hearing and determination; ordering election.
Any person interested may answer the petition and make defense thereto, andat such hearing all persons interested or desiring to controvert theallegations of the petition or question the conformity thereof to thisarticle or object to the creation of the proposed sanitation district shallbe heard. If upon such hearing the court shall not be satisfied that theallegations of the petition are sustained and that the petition conforms tothe provisions of this article, it shall make an order denying and dismissingthe petition. If upon such hearing the court shall be satisfied that theallegations of the petition are sustained and that the petition conforms tothe provisions of this article and that all of the property in the proposedsanitation district will be benefited by the creation of the proposedsanitation district and that the public interest will be served and thepublic health protected by such creation, it shall make an order determiningsuch matters and requiring the opening of a poll and the taking of the senseof the qualified voters of the proposed sanitation district in accordancewith § 21-143 on the question of the creation of the proposed sanitationdistrict. The question so submitted shall be "Do you favor the creation ofthe . . . . . . (inserting name of the proposed sanitation district stated inthe said petition)?"
(1938, p. 512; Michie Code 1942, § 1560jj.)