(1)  Any civil action seeking to challenge, enforce, or otherwise have reviewed, any order of the board, or any alleviation contract, shall be brought only in the district court for the county within which is located the candidate to which the order or contract pertains. If the candidate is the state of Utah, the action shall be brought in the district court for Salt Lake County. Any action brought in any judicial district shall be ordered transferred to the court where venue is proper under this section.

Terms Used In Utah Code 11-13-309

  • Board: means the Permanent Community Impact Fund Board created by Section 35A-8-304, and its successors. See Utah Code 11-13-103
  • Candidate: means one or more of:
(a) the state;
(b) a county, municipality, school district, special district, special service district, or other political subdivision of the state; and
(c) a prosecution district. See Utah Code 11-13-103
  • Contract: A legal written agreement that becomes binding when signed.
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Venue: The geographical location in which a case is tried.
    • (2)  In any civil action seeking to challenge, enforce, or otherwise review, any order of the board, a trial de novo may not be held. The matter shall be considered on the record compiled before the board, and the findings of fact made by the board may not be set aside by the district court unless the board clearly abused its discretion.

    Amended by Chapter 378, 2010 General Session

      Previous section
    Next section  
     Part 3 Contents