Section 67.1868

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT

Chapter 67

Effective - 02 Jul 2001, see footnote   

  67.1868.  Opposition to formation of a district, petition filed, procedure. — 1.  Any owner of real property within the proposed district and any legal voter who is a resident within the proposed district may join in or file a petition supporting or answer opposing the creation of the district and seeking a judgment respecting these same issues.

  2.  The court shall hear the case without a jury.  If the court determines the petition is defective or the proposed district or its plan of operation is unconstitutional, it shall enter its judgment to that effect and shall refuse to incorporate the district as requested in the pleadings.  If the court determines the petition is not legally defective and the proposed district and plan of operation are not unconstitutional, the court shall determine and declare the district organized and incorporated and shall approve the plan of operation stated in the petition.

  3.  Any party having filed a petition or answer to a petition may appeal the circuit court's order or judgment in the same manner as provided for other appeals.  Any order either refusing to incorporate the district or incorporating the district shall be a final judgment for purposes of appeal.

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(L. 2001 H.B. 80 merged with S.B. 224)

Effective 5-16-01 (S.B. 224); 7-02-01 (H.B. 80)