A person may file an action in district court challenging the creation of a special service district or a service that a special service district is proposed to provide if:
Special service district: means a limited purpose local government entity, as described in Section 17D-1-103, that:
(a)
is created under authority of the Utah Constitution Article XI, Section 7; and
(b)
operates under, is subject to, and has the powers set forth in this chapter. See Utah Code 17D-1-102
(a)
the person filed a written protest under Section 17D-1-206;
(b)
the person:
(i)
(A)
is a registered voter within the special service district; and
(B)
alleges in the action that the procedures used to create the special service district violated applicable law; or
(ii)
(A)
is an owner of property included within the boundary of the special service district; and
(B)
alleges in the action that:
(I)
the person’s property will not be benefitted by a service that the special service district is proposed to provide; or
(II)
the procedures used to create the special service district violated applicable law; and
(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.
