Utah Code § 52-4-302

Current through the 2024 Fourth Special Session
Section 52-4-302 - Suit to void final action Limitation Exceptions
(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.
(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:
(i) the posting is made for a meeting that is held before April 1, 2009; or
(ii)
(A) the public body otherwise complies with the provisions of Section 52-4-202; and
(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.

Utah Code § 52-4-302

Amended by Chapter 392, 2024 General Session ,§ 7, eff. 5/1/2024.
Amended by Chapter 435, 2023 General Session ,§ 143, eff. 5/3/2023.
Amended by Chapter 403, 2012 General Session ,§ 2, eff. 5/8/2012.
Amended by Chapter 234, 2008 General Session