7-11-310. Judicial review. (1) Judicial review to determine the validity of the procedures used in adopting any service consolidation or transfer may be initiated by petition in district court of 10 or more registered electors of each local government affected by the consolidation or transfer brought within 60 days after the election adopting the service consolidation or transfer. If no petition is filed within that period, compliance with all the procedures required by 7-11-303 through 7-11-310 and the validity of the manner in which the service consolidation or transfer was approved is conclusively presumed.
(2) It is presumed that proper procedure was followed and all procedural requirements were met. The adoption of a service consolidation or transfer may not be considered invalid because of any procedural error or omission unless it is shown that the error or omission materially and substantially affected its adoption.
History: En. Sec. 10, Ch. 314, L. 1981.
Structure Montana Code Annotated
Chapter 11. General Provisions Related to Services
Part 3. Consolidation and Transfer of Services
7-11-302. Consolidation and transfer of services
7-11-303. Petition for consolidation or transfer of services
7-11-305. Availability of petition or recommendation and service plan
7-11-306. Publication of summary and comparison
7-11-307. Election on service consolidation or transfer
7-11-308. General ballot requirements
7-11-309. Effect of adoption of service consolidation or transfer