184.820. Petitions, who may file--hearing on petition--appeals. - Missouri Statutes

Petitions, who may file--hearing on petition--appeals.

184.820. 1. Any owner of real property within the proposed districtand any legal voter who is a resident within the proposed district may joinin or file a petition supporting or answer opposing the creation of thedistrict and seeking a judgment respecting these same issues.

2. The court shall hear the case without a jury. If the courtdetermines the petition is defective or the proposed district or its planof operation is unconstitutional, it shall enter its judgment to thateffect and shall refuse to incorporate* the district as requested in thepleadings. If the court determines the petition is not legally defectiveand the proposed district and plan of operation are not unconstitutional,the court shall determine and declare the district organized andincorporated and shall approve the plan of operation stated in thepetition.

3. Any party having filed a petition or answer to a** petition mayappeal the circuit court's order or judgment in the same manner as providedfor other appeals. Any order either refusing to incorporate the districtor incorporating the district shall be deemed a final judgment for purposesof appeal.

(L. 1997 S.B. 21)

Effective 7-7-97

*Word "incorporation" appears in original rolls.

**Word "or" appears in original rolls. Words "to a" did not appear in original rolls.