Any owner of real property in the proposed district who has not signed the original
petition for the creation of the district and who wishes to object to the organization
of the district shall, within sixty (60) days after the giving of notice by the commissioner,
file his petition in the Circuit Court of the county in which the larger part of the
proposed district is located, naming the commissioner defendant and setting out in
the petition his objections to the organization of the district. The commissioner shall be represented in the Circuit Court by the county attorney
and in the Court of Appeals by the Attorney General, and he also may require his defense
to be made by the petitioners or some of them. The issues may be made up and the case may be docketed for hearing as in an action
for a declaration of rights. The burden of proof shall be upon the plaintiff to show cause why the district should
not be organized. If the court renders judgment against the commissioner, judgment shall point out
the changes required for the establishment of a district, which, if met by the commissioner,
shall authorize the creation of the district. If the changes are not met by the commissioner, the proposed district shall not
be organized unless new proceedings are instituted for the creation of a district,
but such new proceedings shall not be instituted for a period of six (6) months after
the date of judgment. If the court gives judgment against the plaintiff, the commissioner shall organize
the district. An appeal shall suspend the judgment until the case has been passed upon by the
Court of Appeals and final judgment rendered. Either the plaintiff or the commissioner may appeal from the judgment of the Circuit
Court to the Court of Appeals, but the commissioner shall not be required to make
any appeal bond. Except as otherwise provided in this section, the pleading and practice shall be
the same as in other suits in equity.
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