Graham v. Davis County Solid Waste Management & Energy Recovery Special Service District

1999 UT App 136, 979 P.2d 363, 368 Utah Adv. Rep. 19, 1999 Utah App. LEXIS 79, 1999 WL 250245
CourtCourt of Appeals of Utah
DecidedApril 29, 1999
Docket980218-CA
StatusPublished
Cited by15 cases

This text of 1999 UT App 136 (Graham v. Davis County Solid Waste Management & Energy Recovery Special Service District) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Graham v. Davis County Solid Waste Management & Energy Recovery Special Service District, 1999 UT App 136, 979 P.2d 363, 368 Utah Adv. Rep. 19, 1999 Utah App. LEXIS 79, 1999 WL 250245 (Utah Ct. App. 1999).

Opinion

OPINION

GREENWOOD, Associate Presiding Judge:

¶ 1 Plaintiff Mark E. Graham appeals the trial court’s grant of summary judgment, dismissing his complaint alleging the Davis County Solid Waste Management and Energy Recovery Special Service District (the District) violated Utah’s Government Records Access and Management Act (GRAMA). See Utah Code Ann. §§ 63-2-101 to -906 (1997 & Supp.1998). The District cross-appeals the trial court’s denial of its Motion to Dismiss or for Summary Judgment contending the trial court lacked jurisdiction. We affirm.

*366 BACKGROUND

¶2 On April 28, 1997, Graham sent a letter to the District asking that it give him various documents 1 to educate the members of Residents of Davis County Clear Air Committee (the Committee), a nonprofit organization to which Graham belonged. The District responded by letter dated May 7, 1997, informing Graham that the contract he had requested between the District and Rigo & Rigo Associates would be available to him upon payment of $2 in copying fees. The District also informed Graham that all other documents he requested, consisting of several hundred pages from various locations, would be made available to him only upon payment of copying fees as well as a $20 per hour compilation fee. In a letter to the executive director of the District, LeGrand Bitter (Bitter), Graham stated that under GRAMA, the District could not charge the $20 per hour compilation fee and asked that the District make the documents available to him between May 27 and June 10, 1997. Bitter responded that the documents would be available for review during the time period requested, but that the District intended to charge Graham the $20 per hour compilation fee under GRAMA. A subsequent letter from Bitter told Graham that, while there was no charge for inspecting the documents, any copying fees and $280 in compilation fees must be paid before Graham would be allowed to inspect the documents.

¶ 3 Pursuant to District Ordinance 92-C, 2 Graham appealed the $280 charge for staff time involved in compiling the requested documents, arguing that both GRAMA and Ordinance 92-C prohibited the District from charging Graham for staff time spent compiling the records. Bitter denied Graham’s appeal, informing Graham that he had thirty days to file a written appeal with the District’s Administrative Control Board (the *367 Board). Graham timely appealed to the Board which, after hearing argument from Graham, unanimously affirmed the denial.

¶4 On July 30, 1997, pursuant to Ordinance 92-C and section 63-2-404(2) of the Utah Code, Graham filed a complaint naming the Committee as plaintiff in Second District Court, alleging the District violated its own ordinance and GRAMA in charging him $20 per hour in compilation fees. See Utah Code Ann. § 63-2-404(2) (1997). The District’s answer to his complaint alerted Graham to the fact that he could not file a complaint on behalf of the Committee. He therefore moved to amend the complaint, substituting himself as plaintiff. The District responded by filing a Motion to Dismiss or for Summary Judgment, arguing the court lacked jurisdiction to hear the case. The same day the District filed this motion, the trial judge granted Graham’s request to amend the complaint. After receiving briefs from both parties on the jurisdictional issue, the trial court denied the District’s Motion to Dismiss or for Summary Judgment. The court also granted Graham’s request to amend the complaint and related the amended complaint back to the date of the original filing under Rule 15 of the Utah Rules of Civil Procedure.

¶ 5 Graham subsequently filed a Motion for Summary Judgment and the District responded by filing a Cross-Motion for Summary Judgment. The court granted the District’s Motion for Summary Judgment, concluding the imposition of the $280 fee was proper under GRAMA. This appeal followed.

ISSUES AND STANDARDS OF REVIEW

¶ 6 The District argues the trial court erred in allowing Graham to amend the complaint and relating the amended complaint back to the original filing date. We review the trial court’s decision allowing Graham to amend the original complaint, substituting himself as plaintiff, for an abuse of discretion. See Kasco Servs. Corp. v. Benson, 831 P.2d 86, 92 (Utah 1992). However, whether the original complaint was void ab initio and would deprive the court of jurisdiction presents a question of law that we review without deference. See Bonneville Billing v. Whatley, 949 P.2d 768, 771 & 772 n. 3 (Utah Ct.App.1997).

¶ 7 Graham argues the trial court erred in granting summary judgment in the District’s favor on his claim that the District violated GRAMA by charging him a compilation fee in conjunction with his request for various District records. On appeal from a grant of summary judgment, we view the evidence in the light most favorable to the non moving party and affirm only if there are no disputed issues of material fact and the moving party is entitled to judgment as a matter of law. See Utah R. Civ. P. 56(c); Drysdale v. Ford Motor Co., 947 P.2d 678, 680 (Utah 1997). In addition, the trial court’s grant of summary judgment was based on an interpretation of GRAMA, presenting a question of statutory interpretation that we review under a correction-of-error standard. See Jeffs v. Stubbs, 970 P.2d 1234 (Utah 1998).

ANALYSIS

I. Jurisdictional Issue

¶ 8 The District argues the original complaint filed by the Committee was void because it violated both the Utah Assumed Name Statute, see Utah Code Ann. § 42-2-5(1) (1998), and the rule prohibiting an unincorporated association from being represented by a nonattorney. See Life Science Church v. Shawano, 221 Wis.2d 331, 585 N.W.2d 625, 627 (App.1998), revieiv denied, 221 Wis.2d 656, 588 N.W.2d 633 (1998). The District also argues that because the original complaint was void and the amended complaint was not timely filed, the trial court lacked jurisdiction. See Utah Code Ann. § 63 — 2—404(2)(b)(i) (1997) (providing party seeking judicial review from records committee must file petition within thirty days after governmental entity has responded to request for records).

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1999 UT App 136, 979 P.2d 363, 368 Utah Adv. Rep. 19, 1999 Utah App. LEXIS 79, 1999 WL 250245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/graham-v-davis-county-solid-waste-management-energy-recovery-special-utahctapp-1999.