2006 Utah Code - 17A-3-330 — Objection to assessment -- Actions to enjoin levy or set aside proceedings.

     17A-3-330.   Objection to assessment -- Actions to enjoin levy or set aside proceedings.
     (1) No assessment or proceeding in a special improvement district shall be declared void or set aside in whole or in part in consequence of any error or irregularity which does not go to the equity or justice of the assessment or proceeding. However, any party feeling aggrieved by an assessment or proceeding and who has not waived his objections thereto as provided in Section 17A-3-307 or 17A-3-317 shall have the right to commence a civil action against the municipality to enjoin the levy or collection of the assessment or to set aside and declare unlawful proceedings.
     (2) Any such action must be commenced and summons must be served on the municipality not later than 30 days after the effective date of the ordinance levying assessments in the special improvement district. Such action shall be the exclusive remedy of any aggrieved party. No court shall entertain any complaint which the party was authorized to make but did not make in a protest filed pursuant to Section 17A-3-307 or at hearings held pursuant to Section 17A-3-317 or any complaint that does not go to the equity or justice of the assessment or proceeding.
     (3) After the expiration of such 30-day period:
     (a) The special improvement bonds issued or to be issued against the district and the assessments levied in the district shall become incontestable as to all persons who have not commenced the action provided for in this section, and
     (b) No suit to enjoin the issuance or payment of the bonds, the levy, collection or enforcement of the assessments or in any other manner attacking or questioning the legality of the bonds or assessments may be instituted in this state and no court shall have authority to inquire into such matters.

Renumbered and Amended by Chapter 186, 1990 General Session