Utah § 52-4-302 Suit to void final action -- Limitation -- Exceptions.

Utah Statutes

§ 52-4-302 — Suit to void final action -- Limitation -- Exceptions.

Utah·Title 52 Public Officers·Ch. 52-4 Open and Public Meetings Act·Part 52-4-3 Enforcement

(1)(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 concernin

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(1) (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.

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