Section 2-208. Decision as to legal sufficiency of petition  


Latest version.
  • 1.  Within ten
      days after such hearing  is  concluded  the  supervisor  or  supervisors
      jointly   shall   determine  whether  the  petition  complies  with  the
      requirements of this article and jointly shall make and sign a  decision
      accordingly.  If  such  supervisors  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
      supervisor or supervisors deciding adversely to the petition were unable
      to join in a unanimous decision sustaining the petition.
        2. The original 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 such supervisor or supervisors 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.
      Duplicate copies of the said papers shall be filed with the town  clerks
      of all other 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.