23-946. Action asserting invalidity of order; limitation; venue and procedure
A. Any person in interest dissatisfied with an order of the commission may within thirty days commence an action in the superior court of the county where the property, plant or place of employment affected by the order is located against the commission as defendant to set aside, vacate or amend the order, on the ground that the order is unreasonable or unlawful, and the superior court shall have exclusive jurisdiction thereof. The commission shall be served with summons as in civil actions.
B. The answer of the commission shall be filed within twenty days after service of summons upon it. The commission shall file with the answer a certified transcript of its record in the matter, whereupon the action shall be at issue and shall be advanced for trial by the court upon application of either party to the earliest possible date.
C. No action or proceeding to set aside, amend or enjoin enforcement of an order of the commission shall be brought unless the petitioner has applied to the commission for a hearing thereon as provided by section 23-945 and in such petition has raised every issue in the action.
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