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This entry was published on 2014-09-22
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SECTION 83.00
Contesting of validity of obligations; substantial compliance
Local Finance (LFN) CHAPTER 33-A, ARTICLE 2, TITLE 6
§ 83.00 Contesting of validity of obligations; substantial compliance.
a. If an action, suit or proceeding contesting the validity of the
obligations authorized by such resolution or certificate is commenced
within twenty days from the date of publication of such resolution,
summary of such resolution or certificate together with such notice, the
court in which such action, suit or proceeding is commenced shall
determine whether or not such obligations were authorized for an object
or purpose for which the municipality, school district or district
corporation is authorized to expend money or the provisions of law which
should have been complied with were substantially complied with.

b. The court may determine that the provisions of law which should
have been complied with were substantially complied with if:

1. They authorized the aggregate amount of obligations authorized by
such resolution or certificate.

2. Such resolution was adopted by the required vote of the finance
board or such certificate was duly made by such chief fiscal officer.

3. Such resolution or the proposition for the expenditure of money for
the object or purpose for which such resolution authorizes the issuance
of obligations, as the case may be, was adopted at the election or
meeting, if any, to which it was submitted.

c. Such determination may be arrived at notwithstanding any
irregularity or failure to observe a technicality in:

1. The form of such proposition, resolution or certificate.

2. The notice of the election or meeting to which such proposition or
resolution was submitted or of the meeting at which the finance board
adopted such resolution.

3. The time or manner of the service or publication of such notice.

4. The conduct of the election, meeting or meetings at which such
proposition or resolution was adopted.

5. The submission of such proposition more than once within one year
or other shorter period than authorized by law.

6. Like matters in such proceedings.