§ 17D-1-212. Action to challenge the creation of a special service district or a service to be provided.

(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.

(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.

Enacted by Chapter 360, 2008 General Session