§ 429.036 — Appeal From Determination of Legality of Petition
Plain-Language Summary
If you disagree with the governing body's decision about whether an improvement petition has enough signatures, you can appeal to district court within 30 days. You must post a $250 bond and serve notice on the municipal clerk. Unless the court reverses the decision, the governing body's determination is final.
429.036 APPEAL FROM DETERMINATION OF LEGALITY OF PETITION.
Any person, being aggrieved by this determination, may appeal to the district court of the county in which the property is located by serving upon the clerk of the municipality, within 30 days after the adoption and publication of the resolution, a notice of appeal briefly stating the grounds of appeal and giving a bond in the penal sum of $250, in which the municipality shall be named as obligee, to be approved by the clerk of the municipality, conditioned that the appellant will duly prosecute the appeal, pay all costs and disbursements which may be adjudged against the appellant, and abide by the order of the court. The clerk shall furnish the appellant a certified copy of the petition, or any part thereof, on being paid by appellant of the proper charges therefor. The appeal shall be placed upon the calendar of the next general term commencing more than 30 days after the date of serving the notice and filing the bond and shall be tried as are other appeals in such cases. Unless reversed upon the appeal, the determination of the governing body as to the sufficiency of the petition shall be final and conclusive.
History:
(1918-34) 1927 c 311 s 2; 1986 c 444
History: History: (1918-34) 1927 c 311 s 2; 1986 c 444