238.210. Hearing, how conducted--opposition to district, how filed--appeals, how.
Hearing, how conducted--opposition to district, how filed--appeals,how.
238.210. 1. Within thirty days after the petition is filed, thecircuit court clerk shall serve a copy of the petition on the respondentswho shall have thirty days after receipt of service to file an answerstating agreement with or opposition to the creation of the district. Ifany respondent files its answer opposing the creation of the district, itshall recite legal reasons why the petition is defective, why the proposeddistrict is illegal or unconstitutional, or why the proposed method forfunding the district is illegal or unconstitutional. The respondent shallask the court for a declaratory judgment respecting these issues. Theanswer of each respondent shall be served on each petitioner and everyother respondent named in the petition. Any resident, taxpayer, any otherentity, or any local transportation authority within the proposed districtmay join in or file a petition supporting or answer opposing the creationof the district and seeking a declaratory judgment respecting these sameissues within thirty days after the date notice is last published by thecircuit clerk.
2. The court shall hear the case without a jury. If the court shallthereafter determine the petition is defective or the proposed district isillegal or unconstitutional, or shall be an undue burden on any owner ofproperty within the district or is unjust and unreasonable, it shall enterits declaratory judgment to that effect and shall refuse to make thecertifications requested in the pleadings. If the court determines thatany proposed funding method is illegal or unconstitutional, it shall enterits judgment striking that funding method in whole or part. If the courtdetermines the petition is not legally defective and the proposed districtand method of funding are neither illegal nor unconstitutional, the courtshall enter its judgment to that effect. If the petition was filed byregistered voters or by a governing body, the court shall then certify thequestions regarding district creation, project development, and proposedfunding for voter approval. If the petition was filed by a governing body,or by no less than fifty registered voters of two or more counties,pursuant to subsection 5 of section 238.207, the court shall then certifythe single question regarding district creation, project development, andproposed funding for voter approval. If the petition was filed by theowners of record of all of the real property located within the proposeddistrict, the court shall declare the district organized and certify thefunding methods stated in the petition for qualified voter approval;provided, however, the funding method of special assessments may also beapproved as provided in subsection 1 of section 238.230. In either case,if no objections to the petition are timely filed, the court may make suchcertifications based upon the pleadings before it without any hearing.
3. Any party having filed an answer or petition may appeal thecircuit court's order or declaratory judgment in the same manner providedfor other appeals. The circuit court shall have continuing jurisdiction toenter such orders as are required for the administration of the districtafter its formation.
(L. 1990 S.B. 479 & 649 § 39, A.L. 1997 S.B. 303, A.L. 2003 H.B. 668, A.L. 2008 S.B. 930 & 947)