Limitation on suits to set aside assessments or issuance of bonds.

Checkout our iOS App for a better way to browser and research.

No suit shall be sustained to set aside any assessment, nor to contest the area of assessment, nor to enjoin the municipal governing body from levying or collecting any such assessment, or installment thereof, or interest or penalty thereon, or issuing the bonds, or providing for their payment, or contesting the validity thereof on any ground, unless such suit shall be commenced not more than fifteen (15) days after the publication of the ordinance levying assessments. After the fifteen-day period has expired, or after the work has been completed and accepted by the municipality, a suit may be brought only for the failure to adopt and publish the resolution declaring the necessity for the improvement, as provided in Sections 37-211 and 37-212 of this title, or for the failure to give notice of the hearing interest or penalty thereon, or issuing the bonds, or providing for their payment, or contesting the validity thereof on any ground, unless such suit shall be commenced not more than fifteen (15) days after the publication of the ordinance levying assessments. After the fifteen-day period has expired, or after the work has been completed and accepted by the municipality, a suit may be brought only for the failure to adopt and publish the resolution declaring the necessity for the improvement, as provided in Sections 37-211 and 37-212 of this title, or for the failure to give notice of the hearing on the assessment roll, as provided in Section 37-220 of this title. In the event any special assessment shall be found to be invalid or insufficient, in whole or in part, for any reason whatever, the governing body at any time, in the manner provided for levying an original assessment, may proceed to cause a new assessment to be made and levied which shall have like force and effect as an original assessment.

Laws 1977, c. 256, § 37-234, eff. July 1, 1978.


Download our app to see the most-to-date content.