48-1036. Judicial review

237 words·~1 min read·/az/title-48/48-1036

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. A person claiming an interest in property who filed a written objection and who presented testimony or evidence at the hearing may seek review of the order forming the district and the decision of the board of supervisors at the hearing. The action shall be begun in the superior court in the county within thirty days of the order forming the district. The review shall be limited to a review of the transcript of the hearing, the order forming the district and the affidavits of mailing and publication of the notice and resolution declaring the board of supervisor's intention to form the district.

The sole question on review is whether the record shows that the board of supervisors acted arbitrarily or capriciously in forming the district.

B. If the court finds that the board of supervisors acted arbitrarily or capriciously, it may issue one of the following orders:

1. That particular land shall be deleted from the district.

2. That the district shall not be formed.

3. That the board of supervisors shall reconsider the general plan.

C. Land included in an area deleted by order of the court or in a district ordered by the court not to be formed may not be included in a rural road improvement district for six months after the date the court's order is entered unless otherwise provided in the court's order or otherwise agreed to by the owner.