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This entry was published on 2024-02-02
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SECTION 2-208
Decision to commence village incorporation election
Village (VIL) CHAPTER 64, ARTICLE 2
§ 2-208 Decision to commence village incorporation election. 1. Within
ten days after such hearing is concluded the commission shall determine
whether the petition complies with the requirements of this article and
shall make and sign a decision as to whether a village incorporation
shall proceed to election. The commission's decision shall be based on
an evidentiary record consisting of the incorporation petition, the
study and all exhibits and certifications required by section 2-202 of
this article, and any objections made pursuant to section 2-206 of this
article. If the members of the commission cannot agree, the decision
shall be deemed to be adverse to the petition. If the decision be
adverse to the petition, the decision shall contain a brief statement of
the reasons on which the adverse decision is based or the reasons on
which the members of the commission determined not to proceed to a
village incorporation election.

2. The original copy of the decision, copies of the notice of the
hearing together with affidavits of posting and publishing same, the
written objections and the minutes of proceedings taken on the hearing
including signed testimony shall be filed by the commission within
fifteen days after the hearing is concluded, with the town clerk of the
same town in which the original copy of the petition was filed and the
secretary of the state. Duplicate copies of the said papers shall be
filed with the town clerks of all towns in which any part of such
territory is located.

3. If no proceeding be instituted to review such decision within
thirty days after such filing of the original copy thereof, the decision
shall be final and conclusive. In the event that the decision is adverse
to the petition, a new proceeding for incorporation may be commenced
immediately.