TITLE 10

ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS

CHAPTER 12

DECLARATORY JUDGMENTS

10-1211.  Parties to action — Municipal order or franchise. When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party, and shall be entitled to be heard, and if the statute, ordinance or franchise is alleged to be unconstitutional, the attorney general of the state shall also be served, and be entitled to be heard and may intervene.

History:

[10-1211, added 1933, ch. 70, sec. 11, p. 113; am. 1983, ch. 129, sec. 1, p. 325; am. 1998, ch. 235, sec. 1, p. 792.]