(1)

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

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 Section 11-13-103, except for the Water District Water Development Council created pursuant to Section 11-13-228;
              (7)(b)(ii) a governmental nonprofit corporation as that term is defined in Section 11-13a-102;
              (7)(b)(iii) the Utah Independent Redistricting Commission; and
              (7)(b)(iv) a project entity, as that term is defined in Section 11-13-103. See Utah Code 52-4-103
     (1)(a) Any final action taken in violation of Section 52-4-201, 52-4-202, 52-4-207,52-4-208, or 52-4-209 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 Subsection 52-4-202(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 Section 52-4-202; 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 Section 52-4-208, a court may award a prevailing plaintiff a reasonable attorney fee and costs.