Any aggrieved person or entity may contest the formation of a district under this chapter by filing an action within thirty days after the initial board assumes office under section 48-4803 in superior court in the most populous county in the active management area. If more than one such contest is pending, they shall be consolidated for trial. The court shall try the contest without delay and determine whether the district was properly organized and whether the initial board was properly appointed in substantial compliance with this article, and enter judgment accordingly. If an action is not filed within thirty days under this section, the formation of the district is presumed to be lawful and conclusive against all persons.

Terms Used In Arizona Laws 48-4804

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Active management area: means an active management area established under Title 45, Chapter 2. See Arizona Laws 48-4801
  • Board: means either the initial board of directors or the permanent board of directors of a district. See Arizona Laws 48-4801
  • District: means an active management area water district established under this chapter. See Arizona Laws 48-4801
  • Initial board: means the initial board of directors of a district organized under section 48-4803 for the purpose of establishing and managing the district preliminary to its permanent establishment under article 2 of this chapter or its dissolution under section 48-4806, subsection B, paragraph 2. See Arizona Laws 48-4801
  • 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.
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