48-180. Time for hearing; notice; summons;
parties; pleadings
A. Upon filing of the petition in the superior court, the court or judge thereof
shall fix a time for a hearing on the petition, which shall be not less than fifteen days
from the date of filing the petition, and shall order the clerk of the court to issue
summons in the matter directed to all persons who may have or claim any interest in any
land located in the district or in any matters referred to in the petition. The court
shall also order the clerk to give notice of the filing of the petition and the date of
the hearing thereon by publishing the summons at least once a week for two weeks in a
newspaper published or of general circulation in the county in which the office of the
district is located, and by posting a written or printed copy of the notice in at least
three public places in the district, the first of the publications and postings to be not
less than ten days prior to the date fixed for the hearing.
B. The summons shall state the maximum amount that may be advanced by the federal
government pursuant to the contract, shall describe in general terms the maximum amount,
interest rate and maturities of any new bonds to be issued by the district pursuant
thereto, and shall contain any other information the court deems advisable to have
inserted therein. The summons shall also state the time and place fixed for hearing the
petition and that any person interested in or whose rights may be affected by the
execution of the contract or agreement, or by issuance or sale of any bonds, or by the
levy of taxes or assessments, or by the limitation of the taxes or assessments, or by the
proceedings had or to be had by the governing body with respect to the matters, or by the
entering into or the performance of the contract or agreement, may, on or before the date
fixed for hearing the petition, move to dismiss the petition for failure to state a claim
upon which relief can be granted or answer the petition, and may appear in the hearing
and contest the granting of the petition and the entry of any order of confirmation
pursuant thereto.
C. Any owner of land in the district or any other person interested in or whose
rights may be affected by the entering into or the performance of the contract or
agreement, or by the issuance or sale or exchange of any bonds, or by the levy of any
taxes or assessments or by the limitation of indebtedness, taxes or assessments, or by
the entry of any order of confirmation, may enter his appearance in the proceeding and
move to dismiss the petition for failure to state a claim upon which relief can be
granted or answer the petition and contest the granting of the prayer of the petition.
D. The provisions of law pertaining to civil actions shall be applicable to the
responsive pleadings to the petition. The governing body of the district shall be the
plaintiff and the person or persons filing the responsive pleadings shall be the
defendants in the proceeding. Every material allegation of the petition not specifically
controverted by the answer shall be taken as true, and every holder of title or evidence
of title to lands included in the district and every other party in interest failing to
file a responsive pleading to the petition, shall be deemed to admit as true all the
material allegations thereof.
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