1. (1) A person may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, challenging the creation of a special service district or a service that a special service district is proposed to provide if:

   1. (a) the person filed a written protest under Section 17D-1-206;

   2. (b) the person:

      1. (i)

         1. (A) is a registered voter within the special service district; and
         2. (B) alleges in the action that the procedures used to create the special service district violated applicable law; or

      2. (ii)

         1. (A) is an owner of property included within the boundary of the special service district; and

         2. (B) alleges in the action that:

            1. (I) the person's property will not be benefitted by a service that the special service district is proposed to provide; or
            2. (II) the procedures used to create the special service district violated applicable law; and
   3. (c) the action is filed within 30 days after the date that the legislative body adopts a resolution or ordinance creating the special service district.
2. (2) If an action is not filed within the time specified under Subsection (1), a registered voter or an owner of property located within the special service district may not contest the creation of the special service district or a service that the special service district is proposed to provide.

Amended by Chapter 158, 2024 General Session