§ 14-40-604 — Proceedings to prevent annexation

(a) (1) No further action shall be taken for a period of thirty (30) days after the order for annexation has been entered. Within that time any person interested may institute a proceeding in the circuit court to have the annexation prevented. (2) (A) If the court or judge hearing the proceeding shall be satisfied that the requirements for annexation as set out in this subchapter have not been complied with, that the territory proposed to be annexed is unreasonably large, or that the territory is not properly described, the court or judge shall make an order restraining any further action under the order of the county court and annulling it. However, the proceeding shall not bar any subsequent petition. (B) If the court or judge shall determine that the order of the county court was proper, then the order of the county court shall be affirmed, and the proceedings to prevent the annexation shall be dismissed. (b) When any complaint shall be made in accordance with this section to prevent an annexation of territory, notice thereof shall be given to the city or incorporated town authorities and the agent of the petitioners.

Legislative History

Acts 1875, No. 1, §§ 81, 82, p. 1; C. & M. Dig., §§ 7464, 7465; Pope's Dig., §§ 9497, 9498; Acts 1953, No. 142, § 3; 1959, No. 212, § 1; 1961, No. 474, § 1; A.S.A. 1947, §§ 19-303, 19-304.