Section 46A-6-37 - Jurisdiction of court upon hearing of petition of board of directors forconfirmation of issue and sale of bonds--Determination of legality of acts ofboard, disregard of irregulariti
46A-6-37. Jurisdiction of court upon hearing of petition of board of directors for confirmation of issue and sale of bonds--Determination of legality of acts of board, disregard of irregularities--Partial approval and disapproval by court--Apportionment of costs of special proceeding. Upon the hearing of such special proceeding the court shall have power and jurisdiction to examine and determine the legality and validity of, and approve and confirm or disapprove and disaffirm, each and all of the proceedings for the organization of such district, from and including the petition for the organization of the district and all other steps and matters which may affect the legality or validity of the proceedings and objects set forth in the petition, including any proceedings connected with the voting and issuing of bonds by the district. The court in inquiring into the regularity, legality, or correctness of such proceedings must disregard any error, irregularity, or omission which does not affect the substantial rights of the parties, and it may approve and confirm such proceedings in part and disapprove and declare illegal or invalid other and subsequent parts of the proceedings, and insofar as possible the court shall remedy and cure all defects in such proceedings. The court shall find and determine whether the notice of the filing of the petition has been duly given and published for the time and in the manner prescribed by this chapter. The costs of the special proceeding may be allowed and apportioned between the parties in the discretion of the court.
Source: SDC 1939, § 61.0845; SDCL, § 46-14-36.