Arizona Laws 48-2944. Appeal from denial of protest against inclusion; apportionment of new lands into divisions of district; effect of inclusion upon district rights and obligations
A. If a protest is filed against the inclusion of new lands or any part thereof with the board of directors and such protest is denied, an appeal may be taken in the same manner as upon the organization of a district. If a protest is not filed within thirty days, nor an appeal taken to the superior court from a denial of a protest within thirty days after final hearing, the order of inclusion shall be deemed lawful and conclusive against all persons.
Terms Used In Arizona Laws 48-2944
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Contract: A legal written agreement that becomes binding when signed.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Lien: A claim against real or personal property in satisfaction of a debt.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Property: includes both real and personal property. See Arizona Laws 1-215
B. Upon inclusion of any lands within a district in which the directors thereof are elected by divisions, the board of directors shall, at least thirty days prior to the next succeeding district election, make an order apportioning the lands so included into three divisions in such manner as the board deems equitable.
C. The inclusion of new lands shall not impair or affect the district organization or its rights in or to property or any of its rights or privileges, nor shall it affect, impair or discharge any contract obligation, lien or charge except as otherwise provided in this chapter or upon which it was or might become liable or chargeable had such inclusion of lands not been made.