Refusal to annex; judicial review; burden of proof

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40A:7-12.1. Refusal to annex; judicial review; burden of proof

In any judicial review of the refusal of the governing body of the municipality in which the land is located or the governing body of the municipality to which annexation is sought to consent to the annexation, the petitioners have the burden of establishing that the refusal to consent to the petition was arbitrary or unreasonable, that refusal to consent to the annexation is detrimental to the economic and social well-being of a majority of the residents of the affected land, and that the annexation will not cause a significant injury to the well-being of the municipality in which the land is located.

L.1982, c. 182, s. 2, eff. Nov. 22, 1982.


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