Title 36, Chapter 36, Section 39
( 36-36-39)
(a) Within 30 days of the effective date of the ordinance annexing
land to the municipal corporation, any resident elector of the area
so annexed or of the municipal corporation or any property owner of
such area or of the municipal corporation may bring a petition for
declaratory judgment, in the superior court of the county of the
legal situs of the annexing municipal corporation, to determine the
validity, in accordance with this article, of the application and
the municipal corporation's action thereon. Whenever such a
petition is filed, the municipal governing body shall file with the
court the record of their official actions in regard to such
application and a certified copy of the annexing ordinance. (b) The judgment of the court on any such petition may declare the
annexation ordinance null and void upon a finding that the
application and the municipal corporation's action thereon are not
in substantial compliance with this article. Upon a finding that
procedural defects or defects in the plan for service to the annexed
area exist, the court, where possible, shall frame a judgment to
perfect such defect and uphold the ordinance. (c) Actions provided for in this Code section shall be in accordance
with Chapter 4 of Title 9. (d) Any aggrieved party may obtain a review of a final judgment
under this Code section as is provided by law in other cases. |