A. An owner or other person claiming an interest in the property or a qualified elector 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 governing body at the hearing by filing, within thirty days after the adoption of the resolution prescribed in section 48-6805 that formed the district, a petition for special action with the court of appeals. The special action shall be governed by the rules of civil procedure relating to special actions so far as applicable and not in conflict with this article. The governing body shall transmit the transcript of the hearing, the order forming the district and the affidavits of mailing and publication of the notice and resolution of intent to form the district to the court of appeals. The petitioner shall bear the cost of preparing the record for appeal. The court of appeals shall place the special action on its calendar and give it precedence for hearing over all other civil actions except election contests. 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 governing body’s intention to form the district. The court may review, on the merits, whether the formation of the district and the adoption of the general plan complied with this article and the laws and constitution of this state and whether land is benefited by the district.

Terms Used In Arizona Laws 48-6806

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • District: means a tax levying revitalization district formed pursuant to this article. See Arizona Laws 48-6801
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • General plan: means the general plan described in section 48-6802, subsection B, as the plan may be amended. See Arizona Laws 48-6801
  • Governing body: means the body or board that by law is constituted as the legislative department of the municipality, Indian tribe or community. See Arizona Laws 48-6801
  • Owner: means the person who, on the day the action, election or proceeding is begun or held, appears to be the owner of real property as shown on the property tax assessment roll. See Arizona Laws 48-6801
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.

B. Land in an area deleted by order of the court or in a district ordered by the court to not be formed may not be included in a revitalization district for one year after the date the court’s order is entered unless otherwise provided in the court’s order or otherwise agreed to by the owner.

 

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