Title 2, Chapter 10, Section 33
( 2-10-33)
In and as an integral but independent part of the bond validation
proceedings under this article, or separately, the authority is
given the right to and privilege of a simultaneous or separate right
of action, suit, or countersuit against the Department of
Agriculture for a declaratory adjudication of the validity and
binding effect of all lease contracts whose rental income may be
pledged or partially pledged to the benefit of any bonds being
validated. In each exercise of this right, the actual controversy
shall be whether or not the purported contracts contested are in all
respects a good and sufficient, valid, and binding obligation of the
department. Any citizens of the state may intervene in such actions
and assert any ground of objection. It shall be incumbent upon the
department and the Commissioner to defend against an adjudication of
such validity or be forever bound unto the authority and all
succeeding to the rights of the authority thereafter. Such
adjudications may be rendered as an integral but independent part of
the judgment upon the validation issue with which they are
contested, or separately. |