48-1711. Trial of appeal; bond; effect upon
organization proceedings
A. The appeal shall be heard de novo by the superior court. An appeal may be taken
to the supreme court from the judgment of the superior court as provided by law and rules
of the supreme court.
B. The appeal shall be tried within thirty days after the decision of the board of
supervisors, by the superior court, but the court may for good cause continue the trial
for not more than sixty days. No continuance shall be granted unless appellant gives a
good and sufficient bond conditioned to pay the cost of appeal if the decision of the
board of supervisors is not reversed. The bond shall be in an amount and form prescribed
by the court.
C. No appeal from inclusion of lands within the district shall prohibit or delay
the district in calling the organization election or prohibit the district and its
officers from proceeding to carry out all the objects of the organization of the district
except when the appeal from inclusion of lands affects more than one third of the area or
acreage of the proposed district.
D. During pendency of an appeal, all owners of lands affected by the appeal may
vote under the same conditions as if their lands were included in the district and
without prejudice to their rights on appeal.
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