Sections 46A-7A-171, 46A-7A-172 - Scope of judicial review--Findings--Costs. Statement filed with state board where court finds organization and bond proceedings valid--Certification of bonds by state - South-dakota Statutes

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Statutes > South-dakota > Title-46a > Chapter-07a > Statutes-46a-7a-171-46a-7a-172

46A-7A-171. Scope of judicial review--Findings--Costs. Upon the hearing of special proceedings, the court may examine and determine the legality and validity of, and approve or disapprove any of the proceedings for organization of the district and all other matters which may affect the legality or validity of the proceedings and objects set forth in the petition, including any proceedings connected with voting and issue of bonds by the district. The court shall disregard any error, irregularity, or omission which does not affect the substantial rights of the parties and it may approve such proceedings in part and disapprove and declare illegal or invalid other parts of the proceedings. Insofar as possible, the court shall remedy and cure all defects in such proceedings. The court shall find and determine whether the notice of filing of the petition has been duly published for the time and in the manner prescribed by this chapter. Costs of the special proceeding may be allowed and apportioned between the parties, at the discretion of the court.

Source: SL 1985, ch 360, § 171.

State Codes and Statutes

Statutes > South-dakota > Title-46a > Chapter-07a > Statutes-46a-7a-171-46a-7a-172

46A-7A-171. Scope of judicial review--Findings--Costs. Upon the hearing of special proceedings, the court may examine and determine the legality and validity of, and approve or disapprove any of the proceedings for organization of the district and all other matters which may affect the legality or validity of the proceedings and objects set forth in the petition, including any proceedings connected with voting and issue of bonds by the district. The court shall disregard any error, irregularity, or omission which does not affect the substantial rights of the parties and it may approve such proceedings in part and disapprove and declare illegal or invalid other parts of the proceedings. Insofar as possible, the court shall remedy and cure all defects in such proceedings. The court shall find and determine whether the notice of filing of the petition has been duly published for the time and in the manner prescribed by this chapter. Costs of the special proceeding may be allowed and apportioned between the parties, at the discretion of the court.

Source: SL 1985, ch 360, § 171.

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Statutes > South-dakota > Title-46a > Chapter-07a > Statutes-46a-7a-171-46a-7a-172

46A-7A-171. Scope of judicial review--Findings--Costs. Upon the hearing of special proceedings, the court may examine and determine the legality and validity of, and approve or disapprove any of the proceedings for organization of the district and all other matters which may affect the legality or validity of the proceedings and objects set forth in the petition, including any proceedings connected with voting and issue of bonds by the district. The court shall disregard any error, irregularity, or omission which does not affect the substantial rights of the parties and it may approve such proceedings in part and disapprove and declare illegal or invalid other parts of the proceedings. Insofar as possible, the court shall remedy and cure all defects in such proceedings. The court shall find and determine whether the notice of filing of the petition has been duly published for the time and in the manner prescribed by this chapter. Costs of the special proceeding may be allowed and apportioned between the parties, at the discretion of the court.

Source: SL 1985, ch 360, § 171.