2006 Utah Code - 17A-3-410 — Resolution -- Contents -- Judicial review.

     17A-3-410.   Resolution -- Contents -- Judicial review.
     (1) After conclusion of the hearing, the governing authority shall adopt a resolution either establishing the district or determining that it should be abandoned. A resolution establishing a district may contain any changes from the initial resolution or notice of intention the governing authority determines to be appropriate, including reduction of the boundaries of the service district; but the boundaries of the service district may not be increased without the giving of a new notice of intention and the holding of a new hearing. The abandonment of a district shall be without prejudice to the inclusion of all or a part of the area of the abandoned district in a new district established in the manner provided in this part.
     (2) Any person who shall, at or any time prior to the hearing specified in Section 17A-3-406, file a written protest against the establishment of the district and whose business has been included within the boundaries of the district by the governing authority, notwithstanding such protest, may within 30 days after the adoption of the resolution establishing such district, apply to the district court of the judicial district in which such county or municipality is located for a writ of review of the actions of the governing authority in so establishing such district, but only upon the ground that his business will not be benefitted by the district or upon the ground that the proceedings taken in establishing the district have not been in compliance with law. A failure to apply for such writ of review within the time above prescribed shall foreclose all owners of businesses within said district so established from the right to further object thereto.

Renumbered and Amended by Chapter 186, 1990 General Session