§201B-15 Court proceedings; preferences; venue. (a) Any action or proceeding to which the authority, the State, or the county may be a party, in which any question arises as to the validity of this chapter, shall be preferred over all other civil cases, except election cases, in the circuit court of the circuit where the case or controversy arises, and shall be heard and determined in preference to all other civil cases pending therein except election cases, irrespective of position on the calendar.
(b) Upon application of counsel to the authority, the same preference shall be granted in any action or proceeding questioning the validity of this chapter in which the authority may be allowed to intervene.
(c) Any action or proceeding to which the authority, the State, or the county may be party, in which any question arises as to the validity of this chapter or any portion of this chapter, or any action of the authority may be filed in the circuit court of the circuit where the case or controversy arises, which court is hereby vested with original jurisdiction over the action.
(d) Notwithstanding any provision of law to the contrary, declaratory relief from the circuit court may be obtained for any action.
(e) Any party aggrieved by the decision of the circuit court may appeal in accordance with part I of chapter 641 and the appeal shall be given priority. [L 1998, c 156, pt of §2; am L 2001, c 251, §5]
Case Notes
In action for declaratory and injunctive relief brought under this section, petitioner lacked standing to assert claims for relief where petitioner failed to allege or create a genuine issue of material fact as to whether there was an actual or threatened injury resulting from the authority's conduct or that the injury was fairly traceable to the authority's challenged action, and failed to establish that petitioner's injury was likely to be remedied by the court's grant of injunctive or declaratory relief. 100 H. 242, 59 P.3d 877 (2002).
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