§ 37-41-155 — Determination - costs

Upon the hearing of such special
proceeding, the court shall find and determine whether the notice of the filing of
the petition has been duly given and published for the time and in the manner
prescribed in this article and shall have power and jurisdiction to examine and
determine the legality and validity of, and approve and confirm, all of the
proceedings for the organization of said district under the provisions of said article,
from and including the petition for the organization of the district, and all other
proceedings which may affect the legality or validity of said bonds, and the order of
the sale and the sale thereof, and all of the proceedings, if any, for the authorization
of a contract with the United States and the terms of said contract. The court, in
inquiring into the regularity, legality, or correctness of said proceedings, shall
disregard any error, irregularity, or omission which does not affect the substantial
rights of the parties to said special proceedings. The court by decree may approve
and confirm such proceedings in part and disapprove and declare illegal or invalid
other or subsequent parts of the proceedings. The costs of the special proceedings
may be allowed and apportioned between the parties, in the discretion of the court.

Legislative History

Source: L. 05: p. 273, � 54. R.S. 08: � 3493. L. 17: p. 313, � 20. C.L. � 2054. CSA: C. 90, � 431. CRS 53: � 149-1-55. C.R.S. 1963: � 150-1-55.