30-1010 Financing resolution; application for rehearing; judicial review

30-1010. Financing resolution; application for rehearing; judicial review

A. A party to the proceeding who is dissatisfied with a governing body's decision as to a financing resolution adopted pursuant to this chapter or the attorney general on behalf of this state may apply to the governing body for rehearing.  The application for rehearing shall be filed not later than twenty days after the governing body's decision on the financing resolution.  If the governing body does not grant the application for rehearing within twenty days after the application is filed, the application is deemed denied.

B. Within ten days after a rehearing is denied or granted and not afterwards, a party that files a rehearing application pursuant to subsection A of this section may file, in the superior court in the county in which the governing body has its office, an action that seeks to vacate, set aside, affirm in part, reverse in part or remand the governing body's decision regarding the financing resolution.  The time for bringing any action authorized by this subsection may not be tolled or extended for any reason.

C. A party that seeks to vacate, set aside or otherwise challenge a financing resolution or other governing body decision under this chapter, in whole or in part, bears the burden of proof. In an action that challenges a financing resolution or related decision that resulted from a financing resolution, relief may be awarded only if the superior court determines, based on clear and satisfactory evidence, that either of the following applies:

1. The financing resolution or other governing body decision under this chapter is unlawful.

2. The factual findings made in the financing resolution are unsupported by the financing resolution or evidence that was presented before the governing body.

D. Within sixty days after the filing of the action, the superior court shall hear and issue a decision on the matter.  The superior court may extend this time for not more than thirty days for good cause.

E. A party may appeal a decision in an action filed under this section only to the supreme court.  The party shall file the notice of appeal within five days after the decision of the superior court in the action.  The time for filing the notice of appeal may not be tolled or extended for any reason.  The supreme court shall issue a decision on the appeal promptly.

F. Except as otherwise provided by this section, a court in this state does not have jurisdiction to review, enjoin, restrain, suspend, stay or delay any of the following:

1. A financing resolution.

2. The creation of transition property.

3. The issuance of transition bonds.

4. A governing body's performance of its duties under this chapter.

G. An order or decree that is issued by a governing body in the performance of its duties under this chapter remains in force pending the decision of the court.