Utah Code 17D-1-212. Action to challenge the creation of a special service district or a service to be provided
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(1) A person may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, challenging the creation of a special service district or a service that a special service district is proposed to provide if:
Terms Used In Utah Code 17D-1-212
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Special service district: means a limited purpose local government entity, as described in Section 17D-1-103, that:
(12)(a) is created under authority of the Utah Constitution Article XI, § 7; and(12)(b) operates under, is subject to, and has the powers set forth in this chapter. See Utah Code 17D-1-102(1)(a) the person filed a written protest under Section17D-1-206 ;(1)(b) the person:(1)(b)(i)(1)(b)(i)(A) is a registered voter within the special service district; and(1)(b)(i)(B) alleges in the action that the procedures used to create the special service district violated applicable law; or(1)(b)(ii)(1)(b)(ii)(A) is an owner of property included within the boundary of the special service district; and(1)(b)(ii)(B) alleges in the action that:(1)(b)(ii)(B)(I) the person’s property will not be benefitted by a service that the special service district is proposed to provide; or(1)(b)(ii)(B)(II) the procedures used to create the special service district violated applicable law; and(1)(c) the action is filed within 30 days after the date that the legislative body adopts a resolution or ordinance creating the special service district.(2) If an action is not filed within the time specified under Subsection (1), a registered voter or an owner of property located within the special service district may not contest the creation of the special service district or a service that the special service district is proposed to provide.