No action maintainable - exception - grounds - limitations.

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(1) No legal or equitable action shall be brought or maintained to enjoin the collection of assessments levied under this part 6 except upon the grounds:

  1. That notice of a hearing upon the amount of the assessment was not given as requiredin this part 6, and any person presenting objections to the board at or before the hearing on assessment shall be deemed to have waived this ground;

  2. That the hearing upon the amount of the assessment as provided in this part 6 was notheld;

  3. That the improvement ordered was not one authorized by this part 6.

(2) No action shall be brought under paragraph (c) of subsection (1) of this section unless the objections on which such action is based have been presented to the board in writing prior to the hearing on the proposed improvements as provided in section 30-20-603 (6)(i). Any action brought with respect to the ordering of any improvements, the creation of any district, the authorization or issuance of any bonds, the levying of any assessments, or any other action taken under this part 6 shall be commenced within thirty days after the effective date of the resolution ordering the improvements, creating the district, authorizing or issuing bonds, or levying assessments or the performance of any other action complained of or else shall be thereafter perpetually barred.

Source: L. 73: p. 491, § 1. C.R.S. 1963: § 36-30-24. L. 85: (2) amended, p. 1076, § 13, effective May 24. L. 86: (1)(a) and (2) amended, p. 1062, § 38, effective July 1.

Editor's note: This section was originally numbered as § 30-20-624 in C.R.S. 1973 but was renumbered on revision in the 1977 replacement volume for ease of location.


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