Section 31-25-538 - No action maintainable - exception - grounds - limitations(1) No legal or equitable action shall be brought or maintained except to enjoin the collection of assessments levied under this part 5 upon the grounds:(a) That notice of a hearing upon the amount of the assessment was not given as required in this part 5. Any person presenting objections to the governing body at or before the hearing on assessment shall be deemed to have waived this ground.(b) That the hearing upon the amount of the assessment as provided in this part 5 was not held;(c) That the improvement ordered was not one authorized by this part 5;(d) That the assessment levied exceeds the benefits received by the property assessed.(2) No action shall be brought on the grounds provided in paragraph (c) of subsection (1) of this section unless a hearing on the proposed improvements is required pursuant to section 31-25-503 and unless the objections on which such action is based have been presented to the governing body in writing prior to or at such hearing. No action shall be brought on the grounds provided in paragraph (d) of subsection (1) of this section unless the objections on which such action is based have been presented to the governing body in writing prior to or at the hearing on the assessment roll. Any action brought with respect to the ordering of any improvements, the creation of any district, the authorization or issuance of any bonds, the levying of any assessments, or any other action taken under this part 5 shall be commenced within thirty days after the passage of the ordinance or resolution ordering the improvements, creating the district, authorizing or issuing bonds, or levying assessments or within thirty days after performance of any other action complained of or else shall be forever barred.L. 75: Entire title R&RE, p. 1201, § 1, effective July 1. L. 86: (2) amended, p. 1052, § 16, effective July 1.(1) This section is similar to former § 31-25-539 as it existed prior to 1975.
(2) This section was originally numbered as § 31-25-537 in House Bill 75-1089 but was renumbered on revision in 1977 for ease of location.