Contesting legality of district; appeal

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RS 2104 - Contesting legality of district; appeal

Any interested person desiring to contest the legality of any irrigation district created under this Part shall do so by suit against the irrigation district brought in the district court of the domicile of the district within sixty calendar days from the date of the second publication, or of the date of the last posting of the ordinance creating the district as herein provided. No right to bring any contest of legality shall exist and no court shall have jurisdiction to entertain any contest after the lapse of the sixty days.

If no contest is filed within the sixty days, it shall be conclusively presumed that in every particular the irrigation district was regularly and legally created, and that all lands embraced within the boundaries of the district are properly and legally included therein.

Any suit brought under the provisions of this section shall be tried summarily and by preference over all other cases and without the intervention of a jury. Appeal may be had as in other cases and shall be heard and determined in a summary manner.


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