48-1616

48-1616. Action to determine validity of
bonds

A. The board of directors, or any elector, taxpayer or real property owner within
the district, or any person otherwise having an interest therein, may file an action in
the superior court of the county in which the office of the district is located for the
purpose of determining the regularity and legality of the proceedings authorizing the
issuance of the bonds. The action may be filed although none of the bonds have been
sold.

B. The action shall be entitled as follows: "In the matter of the application of
(name the district) for a determination of the validity of bonds of said district (name
the series and numbers of said bonds)".

C. The application shall state all the proceedings taken in connection with the
authorization for the issuance of the bonds, and the record of the proceedings filed in
the office of the board of directors shall be tendered with the application.

D. Unless the application is filed by the board of directors, the application shall
state the interest applicant has in the authorization and sale of the bonds.

E. After the application is filed, the clerk of the superior court shall issue a
summons as in civil actions, except that the summons shall be directed to all persons who
have or claim to have any interest in the bonds. The summons shall describe the series
and numbers of the bonds, but need not specifically name any defendant or defendants
unless the bonds have been sold in which event the purchaser shall be personally served
or served by publication if a nonresident.

F. The summons shall be served in the same manner as in civil actions. If the
board of directors is not the party filing the application, the summons shall be
personally served upon at least one member of the board in the same manner as a summons
is served in civil actions.

G. Proof of service of the summons shall be made in the same manner as in civil
actions.

H. The issues shall be framed by a motion to dismiss for failure to state a claim
upon which relief can be granted. The motion to dismiss shall be filed within thirty
days after the date of the last publication of the summons unless the time is extended by
order of the court. Any person interested may without pleading intervene and be heard
upon the issues. Any persons interested may join in the motion to dismiss.

I. Upon filing of the motion the court shall hear and determine the issues at one
hearing upon the law and facts, and after hearing shall enter such judgment as it
determines upon the issues. The judgment shall be in writing and shall have the same
effect as other judgments of the court. The costs of the proceeding shall not be taxed
against any party thereto.