7-2-4751. Right to court review when area not annexed. (1) If within 60 days of receiving a valid petition the governing body fails to pass a resolution of intent to annex, the petitioners may file a petition in the district court of the district in which the municipality is located.
(2) The municipality must be designated as the defendant in the cause and is required to appear and answer as in other cases.
History: En. 11-523 by Sec. 10, Ch. 364, L. 1974; R.C.M. 1947, 11-523(part); amd. Sec. 17, Ch. 66, L. 1995.
Structure Montana Code Annotated
Chapter 2. Creation, Alteration, and Abandonment of Local Governments
Part 47. Annexation With the Provision of Services
7-2-4705. Annexation by municipalities providing services
7-2-4706. Appeal if municipal governing body fails to act on petition
7-2-4707. Resolution of intention to annex
7-2-4709. Hearing on question of annexation
7-2-4711. Ordinance of annexation
7-2-4712. Contents of ordinance of annexation
7-2-4713. Effective date of annexation
7-2-4714. Filing of annexation order
7-2-4715. Simultaneous proceedings for several areas
7-2-4716. Effect of annexation
7-2-4717. Certain expenditures authorized
7-2-4719. through 7-2-4730 reserved
7-2-4731. Plans and report on extension of services required -- consultation with county
7-2-4732. Contents of plan for extension of services
7-2-4733. Vote required on proposed capital improvements
7-2-4734. Standards to be met before annexation can occur
7-2-4735. Guidelines for new boundaries of municipality
7-2-4736. Preservation of existing garbage or solid waste service in event of annexation
7-2-4737. through 7-2-4740 reserved
7-2-4741. Right to court review when area annexed
7-2-4742. Court review and decision when area annexed
7-2-4743. Presumption that municipal actions lawful
7-2-4744. Appeal from district court
7-2-4745. Effect of appeal on effective date of annexation
7-2-4746. Appeal provisions exclusive
7-2-4747. through 7-2-4750 reserved
7-2-4751. Right to court review when area not annexed
7-2-4752. Court review and decision when area not annexed