85-8-117. Contest by landowners. (1) On the day fixed for hearing on such petition, all parties owning lands or any interest or easement in land within said proposed district or who would be affected thereby may appear and contest:
(a) the sufficiency of the petition;
(b) the sufficiency of the signers of the petition;
(c) the sufficiency of the notice;
(d) the constitutionality of the law; and
(e) the jurisdiction of the court, specifying their objections to such jurisdiction.
(2) The petitioners and contestants may, on the trial, offer any competent evidence in regard thereto. All notices of contest shall be in writing and shall clearly specify the grounds of contest.
History: En. Sec. 11, Ch. 129, L. 1921; re-en. Sec. 7275, R.C.M. 1921; re-en. Sec. 7275, R.C.M. 1935; R.C.M. 1947, 89-2212.
Structure Montana Code Annotated
85-8-101. Petition for creation of district
85-8-102. Amendment and circulation of petition -- court consideration
85-8-103. Territory to be included
85-8-104. through 85-8-110 reserved
85-8-112. Affidavit in case of nonresident petitioners
85-8-113. Proof of service and publication
85-8-114. Personal service of notice to confer jurisdiction
85-8-115. Insufficient service
85-8-116. Procedure on adjourned day
85-8-117. Contest by landowners
85-8-118. Determination of sufficiency of petition
85-8-119. Receiving affidavits on question of petition sufficiency