Section 212 - Action to challenge the creation of a special service district or a service to be provided.

UT Code § 17D-1-212 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(1) A person may file an action in district court challenging the creation of a special service 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 district violated applicable law; or (ii) (A) is an owner of property included within the boundary of the special service district; and (B) alleges in the action that: (I) the person's property will not be benefitted by a service that the special service district is 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 a resolution or ordinance creating the special service district.

(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 district violated applicable law; or (ii) (A) is an owner of property included within the boundary of the special service district; and (B) alleges in the action that: (I) the person's property will not be benefitted by a service that the special service district is proposed to provide; or (II) the procedures used to create the special service district violated applicable law; and

(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 district violated applicable law; or

(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 district violated applicable law; or

(ii) (A) is an owner of property included within the boundary of the special service district; and (B) alleges in the action that: (I) the person's property will not be benefitted by a service that the special service district is proposed to provide; or (II) the procedures used to create the special service district violated applicable law; and

(A) is an owner of property included within the boundary of the special service district; and

(B) alleges in the action that: (I) the person's property will not be benefitted by a service that the special service district is proposed to provide; or (II) the procedures used to create the special service district violated applicable law; and

(I) the person's property will not be benefitted by a service that the special service district is 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 a resolution or ordinance creating the special service district.

(2) If an action is not filed within the time specified under Subsection (1), a registered voter or an owner of property located within the special service district may not contest the creation of the special service district or a service that the special service district is proposed to provide.