§ 37-44-149 — Determination

Colorado § 37-44-149

• Jurisdiction: Colorado
• Title 37: Water and
• Art.: Internal Improvement Districts Law of 1923

Text

Upon the hearing of such special proceedings,
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 and
shall have power and jurisdiction to examine and determine the legality and validity
of, and approve and confirm, the proceedings for the organization of said district,
from and including the petition for the organization of the internal improvement
district, and all other proceedings which may affect the legality and validity of said
bonds and the order of sale and the sale thereof. The court, inquiring into the
regularity, legality, or correctness of said proceedings, must disregard any error,
irregularity, or omission which does not affect the substantial rights of the parties
to such special proceedings. The court by decree may approve and confirm such
proceedings in part and disapprove and declare illegal or invalid other and
subsequent parts of the proceedings. The cost of the special proceedings may be
allowed and apportioned between the parties, in the discretion of the court.
Appeals for review of judgments of the district court may issue as provided by law
and the Colorado appellate rules as in other civil cases.

Legislative History

Source: L. 23: p. 519, � 47. CSA: C. 138, � 63. CRS 53: � 149-5-47. C.R.S. 1963: � 150-4-47.