15.2-2653 - Contesting issuance of bonds; notice and hearing; service on member of governing body, etc.

§ 15.2-2653. Contesting issuance of bonds; notice and hearing; service onmember of governing body, etc.

Any person, corporation, or association desiring to contest the issuance ofany bonds pursuant to the provisions of this chapter, or any other law,general or special, shall proceed by filing a motion for judgment withinthirty days after the filing of the resolution or ordinance authorizing theissuance of the bonds with the circuit court having jurisdiction over theissuer, or in contesting the validity of a petition for or the results of areferendum, within thirty days after the date that the result of the electionfor the issuance of the bonds is certified, in the court having jurisdictionas provided in § 15.2-2651. For bonds which are not authorized pursuant to areferendum, or for which the authorizing resolution or ordinance is notrequired to be filed with the circuit court, the contestant shall proceed byfiling a motion for judgment within thirty days after the adoption of theauthorizing resolution or ordinance. Upon the filing of a motion forjudgment, the court shall fix a time and place for hearing the proceeding andshall enter an order requiring the publication of the motion for judgment ora summary of it approved by the court, together with the order setting forththe time and place of the hearing, once a week for two consecutive weeks in anewspaper published or having general circulation in the jurisdiction wherethe issuer is located. The date fixed for the hearing shall not be soonerthan ten days after the date the second publication of the motion forjudgment or summary and the order appears in the newspaper. In addition tosuch publication, the plaintiff shall secure personal service on at least onemember of the governing body of the issuer.

(Code 1950, § 15-666.57; 1958, c. 640; 1962, c. 623, § 15.1-216; 1979, c.184; 1991, c. 668, § 15.1-227.55; 1994, c. 714; 1997, c. 587.)