17B-1-512. Filing of notice and plat -- Recording requirements -- Contest period -- Judicial review.
(1) Within the time specified in Subsection, the board of trustees shall file with the lieutenant governor: (1)(b) a copy of a notice of an impending boundary action, as defined in Section, that meets the requirements of Subsection; and 67-1a-6.5 67-1a-6.5(3) a copy of an approved final local entity plat, as defined in Section. 67-1a-6.5 The board of trustees shall file the documents listed in Subsection: (1)(a) within 10 days after adopting a resolution approving a withdrawal under Section; 17B-1-510 on or before January 31 of the year following: the board of trustees' receipt of a notice or copy described in Subsection (1)(c)(i), if the board of trustees receives the notice or copy on or after July 1 and before January 1; or the board of trustees entering into an agreement described in Subsection, if the agreement is executed by both parties on or after July 1 and before January 1; and (1)(c)(ii) on or before the July 31 following: the board of trustees' receipt of a notice or copy described in Subsection (1)(c)(i), if the board of trustees receives the notice or copy on or after January 1 and before June 30; or the board of trustees entering into an agreement described in Subsection, if the agreement is executed by both parties on or after January 1 and before June 30. (1)(c)(ii) The board of trustees shall comply with the requirements described in Subsectionorafter: (1)(b)(ii) (iii) receiving: a notice under Subsectionof an automatic withdrawal under Subsection; 10-2-813(2) 17B-1-502(2) a copy of the municipal legislative body's resolution approving an automatic withdrawal under Subsection; or 17B-1-502(3)(a) a notice of a withdrawal of a municipality from a special district under Section; or 17B-1-502 entering into an agreement with a municipality or county under Subsectionor. 17B-1-505(5)(a)(ii)(A) (5)(b) Upon the lieutenant governor's issuance of a certificate of withdrawal under Section, the board shall: 67-1a-6.5 if the withdrawn area is located within the boundary of a single county, submit to the recorder of that county: the original: notice of an impending boundary action; certificate of withdrawal; and approved final local entity plat; and if applicable, a certified copy of the resolution or notice referred to in Subsection; or (1)(b) if the withdrawn area is located within the boundaries of more than a single county, submit: the original of the documents listed in Subsections, (II), and (III) and, if applicable, a certified copy of the resolution or notice referred to in Subsectionto one of those counties; and (1)(d)(i)(A)(I) (1)(b) a certified copy of the documents listed in Subsections, (II), and (III) and a certified copy of the resolution or notice referred to in Subsectionto each other county. (1)(d)(i)(A)(I) (1)(b)
(2) A withdrawal shall be effective, subject to the conditions of the withdrawal resolution, if applicable, upon the lieutenant governor's issuance of the certificate of withdrawal under Section, for: 67-1a-6.5 a withdrawal under Section; 17B-1-510 an automatic withdrawal under Subsection; or 17B-1-502(3) the withdrawal of an eligible area from a district under Section. 17B-1-505
(3) The special district may provide for the publication of any resolution approving or denying the withdrawal of an area: in a newspaper of general circulation in the area proposed for withdrawal; and as required in Section. 45-1-101 In lieu of publishing the entire resolution, the special district may publish a notice of withdrawal or denial of withdrawal, containing: the name of the special district; a description of the area proposed for withdrawal; a brief explanation of the grounds on which the board of trustees determined to approve or deny the withdrawal; and the times and place where a copy of the resolution may be examined, which shall be at the place of business of the special district, identified in the notice, during regular business hours of the special district as described in the notice and for a period of at least 30 days after the publication of the notice.
(4) Any sponsor of the petition or receiving entity may contest the board's decision to deny a withdrawal of an area from the special district by submitting a request, within 60 days after the resolution is adopted under Section, to the board of trustees, suggesting terms or conditions to mitigate or eliminate the conditions upon which the board of trustees based the board's decision to deny the withdrawal. 17B-1-510
(5) Within 60 days after the request under Subsectionis submitted to the board of trustees, the board may consider the suggestions for mitigation and adopt a resolution approving or denying the request in the same manner as provided in Sectionwith respect to the original resolution denying the withdrawal and file a notice of the action as provided in Subsection. (4) 17B-1-510 (1)
(6) Any person in interest may seek judicial review of: the board of trustees' decision to withdraw an area from the special district; the terms and conditions of a withdrawal approved under Sectionor Subsection; or 17B-1-510 (5) the board's decision to deny a withdrawal. Judicial review under this Subsectionshall be initiated by filing an action in the district court in the county in which a majority of the area proposed to be withdrawn is located: (6) if the resolution approving or denying the withdrawal is published under Subsection, within 60 days after the publication or after the board of trustees' denial of the request under Subsection; (3) (5) if the resolution is not published pursuant to Subsection, within 60 days after the resolution approving or denying the withdrawal is adopted; or (3) if a request is submitted to the board of trustees of a special district under Subsection, and the board adopts a resolution under Subsection, within 60 days after the board adopts a resolution under Subsectionunless the resolution is published under Subsection, in which event the action shall be filed within 60 days after the publication. (4) (5) (5) (3) A court in which an action is filed under this Subsectionmay not overturn, in whole or in part, the board of trustees' decision to approve or reject the withdrawal unless: (6) the court finds the board of trustees' decision to be arbitrary or capricious; or the court finds that the board materially failed to follow the procedures set forth in this part. A court may award costs and expenses of an action under this section, including reasonable attorney fees, to the prevailing party.
(7) After the applicable contest period under Subsectionor, no person may contest the board of trustees' approval or denial of withdrawal for any cause. (4) (6)