Action to challenge the creation of a special service district or a service to be provided.

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  • (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.




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