Arizona Revised Statutes § 48-1616 Action To Determine Validity Of Bonds

48-1616. Action to determine validity of bonds

A. The board of directors, or any elector, taxpayer or real property owner within the district, or any person otherwise having an interest therein, may file an action in the superior court of the county in which the office of the district is located for the purpose of determining the regularity and legality of the proceedings authorizing the issuance of the bonds. The action may be filed although none of the bonds have been sold.

B. The action shall be entitled as follows: " In the matter of the application of (name the district) for a determination of the validity of bonds of said district (name the series and numbers of said bonds)" .

C. The application shall state all the proceedings taken in connection with the authorization for the issuance of the bonds, and the record of the proceedings filed in the office of the board of directors shall be tendered with the application.

D. Unless the application is filed by the board of directors, the application shall state the interest applicant has in the authorization and sale of the bonds.

E. After the application is filed, the clerk of the superior court shall issue a summons as in civil actions, except that the summons shall be directed to all persons who have or claim to have any interest in the bonds. The summons shall describe the series and numbers of the bonds, but need not specifically name any defendant or defendants unless the bonds have been sold in which event the purchaser shall be personally served or served by publication if a nonresident.

F. The summons shall be served in the same manner as in civil actions. If the board of directors is not the party filing the application, the summons shall be personally served upon at least one member of the board in the same manner as a summons is served in civil actions.

G. Proof of service of the summons shall be made in the same manner as in civil actions.

H. The issues shall be framed by a motion to dismiss for failure to state a claim upon which relief can be granted. The motion to dismiss shall be filed within thirty days after the date of the last publication of the summons unless the time is extended by order of the court. Any person interested may without pleading intervene and be heard upon the issues. Any persons interested may join in the motion to dismiss.

I. Upon filing of the motion the court shall hear and determine the issues at one hearing upon the law and facts, and after hearing shall enter such judgment as it determines upon the issues. The judgment shall be in writing and shall have the same effect as other judgments of the court. The costs of the proceeding shall not be taxed against any party thereto.

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Last modified: October 13, 2016