Section 893.77. Validity of municipal obligation.


Latest version.
  • (1)  An action to contest the validity of any municipal obligation which has been certified by an attorney in the manner provided in s. 67.025 , for other than constitutional reasons, must be commenced within 30 days after the recording of such certificate as provided by s. 67.025 . An action to contest the validity of any state or state authority obligation for other than constitutional reasons must be commenced within 30 days after the adoption of the authorizing resolution for such obligation.
    (2)  An action or proceeding to contest the validity of any municipal bond or other financing, other than an obligation certified as described in sub. (1) , for other than constitutional reasons, must be commenced within 30 days after the date on which the issuer publishes in the issuer's official newspaper, or, if none exists, in a newspaper having general circulation within the issuer's boundaries, a class 1 notice, under ch. 985 , authorized by the governing body of the issuer, and setting forth the name of the issuer, that the notice is given under this section, the amount of the bond issue or other financing and the anticipated date of closing of the bond or other financing and that a copy of proceedings had to date of the notice are on file and available for inspection in a designated office of the issuer. The notice may not be published until after the issuer has entered into a contract for sale of the bond or other financing.
    (3)  An action contesting bonds of a municipal power district organized under ch. 198 , for other than constitutional reasons, shall be commenced within 30 days after the date of their issuance or be barred.
1971 c. 40 s. 93 ; 1971 c. 117 , 211 ; 1973 c. 265 ; 1975 c. 221 ; 1979 c. 323 ; 1983 a. 192 . Judicial Council Committee's Note, 1979: This section is previous s. 893.23 renumbered for more logical placement in the restructured chapter. Section 893.77 (3) is created to place into ch. 893 of the statutes the statute of limitations for an action contesting the bonds of a municipal power district (see note following s. 198.18 (3)). [Bill 326-A]