(a) Each provision of an agreement shall be binding upon therespective parties. Not later than 30 days following the passage of anannexation ordinance concerning territory subject to an agreement, aparticipating city which believes that another participating city has violatedthis Part or the agreement may file a petition in the superior court of thecounty where any of the territory proposed to be annexed is located, seekingreview of the action of the city alleged to have violated this Part or theagreement.
(b) Within five days after the petition is filed with the court,the petitioning city shall serve copies of the petition by certified mail,return receipt requested, upon the respondent city.
(c) Within 15 days after receipt of the copy of the petition forreview, or within such additional time as the court may allow, the respondentcity shall transmit to the reviewing court:
(1) A transcript of the portions of the ordinance or minute bookin which the procedure for annexation has been set forth;
(2) A copy of resolutions, ordinances, and any other documentreceived or approved by the respondent city's governing board as part of theannexation proceeding.
(d) The court shall fix the date for review of the petition sothat review shall be expeditious and without unnecessary delays. The reviewshall be conducted by the court without a jury. The court may hear oralarguments and receive written briefs, and may take evidence intended to showeither:
(1) That the provisions of this Part were not met; or
(2) That the provisions of the agreement were not met.
(e) At any time before or during the review proceeding, anypetitioner may apply to the reviewing court for an order staying the operationof the annexation ordinance pending the outcome of the review. The court maygrant or deny the stay in its discretion upon such terms as it deems proper,and it may permit annexation of any part of the area described in the ordinanceconcerning which no question for review has been raised.
(f) Upon a finding that the respondent city has not violatedthis Part or the agreement, the court may affirm the action of the respondentcity without change. Upon a finding that the respondent city has violated thisPart or the agreement, the court may:
(1) Remand to the respondent city's governing board anyordinance adopted pursuant to Parts 2 or 3 of this Article, as the same existsnow or is hereafter amended, for amendment of the boundaries, or for such otheraction as is necessary, to conform to the provisions of this Part and theagreement.
(2) Declare any annexation begun pursuant to any otherapplicable law to be void. If the respondent city shall fail to take action inaccordance with the court's instructions upon remand under subdivision (d)(1)of this section within three months from receipt of such instructions, theannexation proceeding shall be void.
(g) Any participating city which is a party to the reviewproceedings may appeal from the final judgment of the superior court underrules of procedure applicable in other civil cases. The appealing party mayapply to superior court for a stay in its final determination, or a stay of theannexation ordinance, whichever shall be appropriate, pending the outcome ofthe appeal to the appellate division; provided, that the superior court may,with the agreement of the parties, permit annexation to be effective withrespect to any part of the area concerning which no appeal is being made andwhich can be incorporated into the respondent city without regard to any partof the area concerning which an appeal is being made.
(h) If part or all of the area annexed under the terms of achallenged annexation ordinance is the subject of an appeal to the superiorcourt or appellate division on the effective date of the ordinance, then theordinance shall be deemed amended to make the effective date with respect tosuch area the date of the final judgment of the superior court or appellatedivision, whichever is appropriate, or the date the respondent city's governingboard completes action to make the ordinance conform to the court'sinstructions in the event of remand.
(i) A participating city which is prohibited from annexing intoan area under a binding agreement may file a petition in the superior courtwhere any of the territory proposed to be annexed is located, or a response ina proceeding initiated by another participating city, seeking permission toannex territory in the area notwithstanding the agreement. If the territoryqualifies for annexation by the city seeking to annex it, the court may enteran order allowing the annexation to proceed with respect to all or a portion ofthe territory upon a finding that there is an imminent threat to public healthor safety that can be remedied only by the city seeking annexation. Theprocedural provisions of this section shall apply to proceedings under thissubsection, so far as applicable. (1989, c. 143, s. 1.)
(a) Each provision of an agreement shall be binding upon therespective parties. Not later than 30 days following the passage of anannexation ordinance concerning territory subject to an agreement, aparticipating city which believes that another participating city has violatedthis Part or the agreement may file a petition in the superior court of thecounty where any of the territory proposed to be annexed is located, seekingreview of the action of the city alleged to have violated this Part or theagreement.
(b) Within five days after the petition is filed with the court,the petitioning city shall serve copies of the petition by certified mail,return receipt requested, upon the respondent city.
(c) Within 15 days after receipt of the copy of the petition forreview, or within such additional time as the court may allow, the respondentcity shall transmit to the reviewing court:
(1) A transcript of the portions of the ordinance or minute bookin which the procedure for annexation has been set forth;
(2) A copy of resolutions, ordinances, and any other documentreceived or approved by the respondent city's governing board as part of theannexation proceeding.
(d) The court shall fix the date for review of the petition sothat review shall be expeditious and without unnecessary delays. The reviewshall be conducted by the court without a jury. The court may hear oralarguments and receive written briefs, and may take evidence intended to showeither:
(1) That the provisions of this Part were not met; or
(2) That the provisions of the agreement were not met.
(e) At any time before or during the review proceeding, anypetitioner may apply to the reviewing court for an order staying the operationof the annexation ordinance pending the outcome of the review. The court maygrant or deny the stay in its discretion upon such terms as it deems proper,and it may permit annexation of any part of the area described in the ordinanceconcerning which no question for review has been raised.
(f) Upon a finding that the respondent city has not violatedthis Part or the agreement, the court may affirm the action of the respondentcity without change. Upon a finding that the respondent city has violated thisPart or the agreement, the court may:
(1) Remand to the respondent city's governing board anyordinance adopted pursuant to Parts 2 or 3 of this Article, as the same existsnow or is hereafter amended, for amendment of the boundaries, or for such otheraction as is necessary, to conform to the provisions of this Part and theagreement.
(2) Declare any annexation begun pursuant to any otherapplicable law to be void. If the respondent city shall fail to take action inaccordance with the court's instructions upon remand under subdivision (d)(1)of this section within three months from receipt of such instructions, theannexation proceeding shall be void.
(g) Any participating city which is a party to the reviewproceedings may appeal from the final judgment of the superior court underrules of procedure applicable in other civil cases. The appealing party mayapply to superior court for a stay in its final determination, or a stay of theannexation ordinance, whichever shall be appropriate, pending the outcome ofthe appeal to the appellate division; provided, that the superior court may,with the agreement of the parties, permit annexation to be effective withrespect to any part of the area concerning which no appeal is being made andwhich can be incorporated into the respondent city without regard to any partof the area concerning which an appeal is being made.
(h) If part or all of the area annexed under the terms of achallenged annexation ordinance is the subject of an appeal to the superiorcourt or appellate division on the effective date of the ordinance, then theordinance shall be deemed amended to make the effective date with respect tosuch area the date of the final judgment of the superior court or appellatedivision, whichever is appropriate, or the date the respondent city's governingboard completes action to make the ordinance conform to the court'sinstructions in the event of remand.
(i) A participating city which is prohibited from annexing intoan area under a binding agreement may file a petition in the superior courtwhere any of the territory proposed to be annexed is located, or a response ina proceeding initiated by another participating city, seeking permission toannex territory in the area notwithstanding the agreement. If the territoryqualifies for annexation by the city seeking to annex it, the court may enteran order allowing the annexation to proceed with respect to all or a portion ofthe territory upon a finding that there is an imminent threat to public healthor safety that can be remedied only by the city seeking annexation. Theprocedural provisions of this section shall apply to proceedings under thissubsection, so far as applicable. (1989, c. 143, s. 1.)
(a) Each provision of an agreement shall be binding upon therespective parties. Not later than 30 days following the passage of anannexation ordinance concerning territory subject to an agreement, aparticipating city which believes that another participating city has violatedthis Part or the agreement may file a petition in the superior court of thecounty where any of the territory proposed to be annexed is located, seekingreview of the action of the city alleged to have violated this Part or theagreement.
(b) Within five days after the petition is filed with the court,the petitioning city shall serve copies of the petition by certified mail,return receipt requested, upon the respondent city.
(c) Within 15 days after receipt of the copy of the petition forreview, or within such additional time as the court may allow, the respondentcity shall transmit to the reviewing court:
(1) A transcript of the portions of the ordinance or minute bookin which the procedure for annexation has been set forth;
(2) A copy of resolutions, ordinances, and any other documentreceived or approved by the respondent city's governing board as part of theannexation proceeding.
(d) The court shall fix the date for review of the petition sothat review shall be expeditious and without unnecessary delays. The reviewshall be conducted by the court without a jury. The court may hear oralarguments and receive written briefs, and may take evidence intended to showeither:
(1) That the provisions of this Part were not met; or
(2) That the provisions of the agreement were not met.
(e) At any time before or during the review proceeding, anypetitioner may apply to the reviewing court for an order staying the operationof the annexation ordinance pending the outcome of the review. The court maygrant or deny the stay in its discretion upon such terms as it deems proper,and it may permit annexation of any part of the area described in the ordinanceconcerning which no question for review has been raised.
(f) Upon a finding that the respondent city has not violatedthis Part or the agreement, the court may affirm the action of the respondentcity without change. Upon a finding that the respondent city has violated thisPart or the agreement, the court may:
(1) Remand to the respondent city's governing board anyordinance adopted pursuant to Parts 2 or 3 of this Article, as the same existsnow or is hereafter amended, for amendment of the boundaries, or for such otheraction as is necessary, to conform to the provisions of this Part and theagreement.
(2) Declare any annexation begun pursuant to any otherapplicable law to be void. If the respondent city shall fail to take action inaccordance with the court's instructions upon remand under subdivision (d)(1)of this section within three months from receipt of such instructions, theannexation proceeding shall be void.
(g) Any participating city which is a party to the reviewproceedings may appeal from the final judgment of the superior court underrules of procedure applicable in other civil cases. The appealing party mayapply to superior court for a stay in its final determination, or a stay of theannexation ordinance, whichever shall be appropriate, pending the outcome ofthe appeal to the appellate division; provided, that the superior court may,with the agreement of the parties, permit annexation to be effective withrespect to any part of the area concerning which no appeal is being made andwhich can be incorporated into the respondent city without regard to any partof the area concerning which an appeal is being made.
(h) If part or all of the area annexed under the terms of achallenged annexation ordinance is the subject of an appeal to the superiorcourt or appellate division on the effective date of the ordinance, then theordinance shall be deemed amended to make the effective date with respect tosuch area the date of the final judgment of the superior court or appellatedivision, whichever is appropriate, or the date the respondent city's governingboard completes action to make the ordinance conform to the court'sinstructions in the event of remand.
(i) A participating city which is prohibited from annexing intoan area under a binding agreement may file a petition in the superior courtwhere any of the territory proposed to be annexed is located, or a response ina proceeding initiated by another participating city, seeking permission toannex territory in the area notwithstanding the agreement. If the territoryqualifies for annexation by the city seeking to annex it, the court may enteran order allowing the annexation to proceed with respect to all or a portion ofthe territory upon a finding that there is an imminent threat to public healthor safety that can be remedied only by the city seeking annexation. Theprocedural provisions of this section shall apply to proceedings under thissubsection, so far as applicable. (1989, c. 143, s. 1.)
