48-2753. Action to test validity of bonds on
failure of board to commence action
A. If no action is commenced by the board of directors as provided by section
48-2752, then within not less than thirty nor more than ninety days after the issuance of
any bonds under this chapter, any person whose lands within the district are subject to
assessment by the district may bring an action in the superior court in the county in
which the office of the board of directors is located, to determine the validity of the
bonds.
B. The board of directors shall be made parties defendant, and service of summons
shall be made on the members of the board personally if they can be found within the
state, or if not, then by publication of the summons for three weeks in a newspaper
designated by the court of general circulation within the county in which the office of
the board of directors is located. Before publication is commenced an affidavit shall be
made in the manner provided for the service of summons by publication. In addition to
serving the members of the board with summons either by personal service or by
publication, summons in the action shall also be published in the same manner for the
same time, for the same purposes and with like effect as prescribed under section
48-2752.
C. The board shall have the right to appear and contest the action. Any person
whose lands within the district are subject to assessment by the district, or any other
interested person, may appear and defend the action, and thereafter the same proceedings
shall be had in the action as provided in section 48-2752, and the same matters
determined and adjudicated by the court therein.
D. The action shall be speedily tried with either party having right of appeal in
the manner provided by section 48-2752. The appeal shall be heard and determined within
three months from the time of the entry of the judgment appealed from.
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