Utah Code 52-4-302. Suit to void final action — Limitation — Exceptions
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Terms Used In Utah Code 52-4-302
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Meeting: means a gathering:(5)(a) of a public body or specified body;(5)(b) with a quorum present; and(5)(c) that is convened:(5)(c)(i) by an individual:(5)(c)(i)(A) with authority to convene the public body or specified body; and(5)(c)(i)(B) following the process provided by law for convening the public body or specified body; and(5)(c)(ii) for the express purpose of acting as a public body or specified body to:(5)(c)(ii)(A) receive public comment about a relevant matter;(5)(c)(ii)(B) deliberate about a relevant matter; or(5)(c)(ii)(C) take action upon a relevant matter. See Utah Code 52-4-103
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Public body: includes :
(7)(b)(i) an interlocal entity or joint or cooperative undertaking, as those terms are defined in Section11-13-103 , except for the Water District Water Development Council created pursuant to Section11-13-228 ;(7)(b)(ii) a governmental nonprofit corporation as that term is defined in Section11-13a-102 ;(7)(b)(iii) the Utah Independent Redistricting Commission; and(7)(b)(iv) a project entity, as that term is defined in Section11-13-103 . See Utah Code 52-4-103(1)(a) Any final action taken in violation of Section52-4-201 ,52-4-202 ,52-4-207 ,52-4-208 , or52-4-209 is voidable by a court of competent jurisdiction.(1)(b) A court may not void a final action taken by a public body for failure to comply with the posting written notice requirements under Subsection52-4-202 (3)(a) if:(1)(b)(i) the posting is made for a meeting that is held before April 1, 2009; or(1)(b)(ii)(1)(b)(ii)(A) the public body otherwise complies with the provisions of Section52-4-202 ; and(1)(b)(ii)(B) the failure was a result of unforeseen Internet hosting or communication technology failure.(2) Except as provided under Subsection (3), a suit to void final action shall be commenced within 90 days after the date of the action.(3) A suit to void final action concerning the issuance of bonds, notes, or other evidences of indebtedness shall be commenced within 30 days after the date of the action.(4) In a suit under this section to void a final action in violation of Section52-4-208 , a court may award a prevailing plaintiff a reasonable attorney fee and costs.