A. Any aggrieved person or entity may contest the formation of the authority under this chapter by filing an action in the superior court in the county in which the authority is formed. Any contest must be filed within thirty days after the second publication of notice of the authority’s formation as provided in section 45-2202. If more than one contest is pending, they shall be consolidated for trial.

Terms Used In Arizona Laws 45-2203

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Authority: means a water authority established under this chapter. See Arizona Laws 45-2201
  • Board: means the board of directors of the authority. See Arizona Laws 45-2201
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

B. The superior court shall try all contests without delay and shall determine whether the formation of the authority and appointment of the board occurred in substantial compliance with this article.

C. The formation of the authority is lawful and conclusive against all persons if an action is not filed as provided in subsection A of this section. If an action is filed as provided in subsection A of this section and that action is unsuccessful, the formation of the authority is lawful and conclusive against all persons on the date that the judgment dismissing the action is no longer subject to judicial review.

D. The authority may exercise all of the powers provided by this chapter notwithstanding the pendency of any contest.

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