The appellant sought to quash municipal loan by-laws and recover special taxes paid on the basis that affected owners had not received legally sufficient notices convening electors.
The Court held that the notices were indeed insufficient and that the resulting illegality was serious enough to support a direct action in nullity under art. 33 of the Code of Civil Procedure.
However, the remedy remained discretionary, and except in cases of total absence of jurisdiction, such proceedings must be brought within a reasonable time notwithstanding the thirty-year prescription period.
Given the appellant's knowledge of the taxes, repeated payment without protest, and lengthy unexplained delay after the work was completed and bonds issued, the Superior Court properly dismissed the action.
