48-1036. Judicial review
A. A person claiming an interest in property who filed a written objection and who
presented testimony or evidence at the hearing may seek review of the order forming the
district and the decision of the board of supervisors at the hearing. The action shall
be begun in the superior court in the county within thirty days of the order forming the
district. The review shall be limited to a review of the transcript of the hearing, the
order forming the district and the affidavits of mailing and publication of the notice
and resolution declaring the board of supervisor's intention to form the district. The
sole question on review is whether the record shows that the board of supervisors acted
arbitrarily or capriciously in forming the district.
B. If the court finds that the board of supervisors acted arbitrarily or
capriciously, it may issue one of the following orders:
1. That particular land shall be deleted from the district.
2. That the district shall not be formed.
3. That the board of supervisors shall reconsider the general plan.
C. Land included in an area deleted by order of the court or in a district ordered
by the court not to be formed may not be included in a rural road improvement district
for six months after the date the court's order is entered unless otherwise provided in
the court's order or otherwise agreed to by the owner.
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