Section 1130. Trial of issues  


Latest version.
  • 1. If a duly verified answer is filed with
      the county clerk and served upon the  attorney  for  such  tax  district
      within  the period mentioned in the notice published pursuant to section
      eleven hundred twenty-four of this title, the court shall summarily hear
      and determine the issues raised by the petition and answer in  the  same
      manner  and  under  the  same  rules  as  it  hears and determines other
      proceedings or actions, except as otherwise provided  in  this  article.
      Upon  such  trial,  proof  that  the  tax  was  paid,  together with all
      interest, penalties and other charges which may have been due,  or  that
      the property was not subject to tax shall constitute a complete defense.
        2.  If  it  appears  to  the court that testimony is necessary for the
      proper disposition of the matter, it shall take evidence  or  appoint  a
      referee to take such evidence as it may direct. The referee shall report
      to  the court his or her findings of fact and conclusions of law and the
      evidence upon which it is based, which shall constitute a  part  of  the
      proceedings upon which the determination of the court shall be made. The
      report of the referee and the decision or final order of the court shall
      contain  the essential facts upon which the ultimate finding of facts is
      made.