§201B-15  Court proceedings;preferences; venue.  (a)  Any action or proceeding to which the authority,the State, or the county may be a party, in which any question arises as to thevalidity of this chapter, shall be preferred over all other civil cases, exceptelection cases, in the circuit court of the circuit where the case orcontroversy arises, and shall be heard and determined in preference to allother civil cases pending therein except election cases, irrespective ofposition on the calendar.

(b)  Upon application of counsel to theauthority, the same preference shall be granted in any action or proceedingquestioning the validity of this chapter in which the authority may be allowedto intervene.

(c)  Any action or proceeding to which theauthority, the State, or the county may be party, in which any question arisesas to the validity of this chapter or any portion of this chapter, or anyaction of the authority may be filed in the circuit court of the circuit wherethe case or controversy arises, which court is hereby vested with originaljurisdiction over the action.

(d)  Notwithstanding any provision of law tothe contrary, declaratory relief from the circuit court may be obtained for anyaction.

(e)  Any party aggrieved by the decision of thecircuit court may appeal in accordance with part I of chapter 641 and theappeal shall be given priority. [L 1998, c 156, pt of §2; am L 2001, c 251, §5]

 

Case Notes

 

  In action fordeclaratory and injunctive relief brought under this section, petitioner lackedstanding to assert claims for relief where petitioner failed to allege orcreate a genuine issue of material fact as to whether there was an actual orthreatened injury resulting from the authority's conduct or that the injury wasfairly traceable to the authority's challenged action, and failed to establishthat petitioner's injury was likely to be remedied by the court's grant ofinjunctive or declaratory relief.  100 H. 242, 59 P.3d 877.