§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 the
validity of this chapter, shall be preferred over all other civil cases, except
election cases, in the circuit court of the circuit where the case or
controversy arises, and shall be heard and determined in preference to all
other civil cases pending therein except election cases, irrespective of
position on the calendar.



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



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



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



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



 



Case Notes



 



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