48-181. Hearing; determination of
validity
A. At the hearing on the petition, the superior court shall examine the contract or
agreement referred to therein and the proceedings of the district or other body in
connection with the execution of such contract or agreement, together with any
proceedings taken in connection with the issuance of any bonds, the levy of any taxes or
assessments and other matters pursuant thereto, and shall hear all testimony that may be
offered by the petitioner or any defendants with reference to the instruments and
proceedings, and any argument that is offered with reference to the validity
thereof. After the examination and hearing of all relevant testimony and argument that
is offered at the hearing, the court shall find and determine whether the contract or
agreement has been validly entered into by the district or other body in compliance with
all applicable laws of the state, whether the district or other body has the lawful right
and authority to enter into and to do and perform all the covenants and agreements on its
part to be performed under the contract or agreement, whether the proceedings of the
district or other body in connection with the execution of the contract, with the
authentication and issuance of any bonds or other evidences of indebtedness and the levy
of any taxes or assessments, and any other action taken by the district in performance of
the contract or agreement, have been duly and properly taken in conformity with the
provisions of the contract and this article and any other laws of the state applicable
thereto, and whether the proceedings in connection with the filing of the petition in the
action and the giving of notice of the hearing thereon comply with the provisions of this
article. The court shall cause the findings and determinations to be entered in the
record of the hearing.
B. This article shall be liberally construed and such compliance with its
provisions as does not adversely affect substantial rights of the owners of lands within
the district shall be deemed sufficient. In hearing the petition and in preparing its
findings and determinations thereon, the court shall disregard any error, omission or
other irregularity which in the opinion of the court does not thus adversely affect the
substantial rights of landowners. The court may ratify, approve and confirm the
proceedings wholly or in part, and may ratify, approve and confirm the contract or
agreement, the bonds and the taxes, and enter its judgment accordingly.
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