(1)  If the judgment upholds the validity of the bonds, and no appeal is taken, or if an appeal is taken from any judgment and at any time thereafter a judgment is rendered holding the bonds to be valid, the judgment shall, notwithstanding any other provision of law, including, without limitation, Rules 55(c) and 60(b) of the Utah Rules of Civil Procedure, be binding and conclusive as to the validity of the bonds against the public body issuing the bonds and all other parties to the petition, and shall constitute a permanent injunction against the institution by any person of any action or proceeding contesting the validity of the bonds or any other matter adjudicated or that might have been adjudicated in the proceedings.

Terms Used In Utah Code 11-30-11

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Bonds: means any evidence or contract of indebtedness that is issued or authorized by a public body, including, without limitation, bonds, refunding bonds, advance refunding bonds, bond anticipation notes, tax anticipation notes, notes, certificates of indebtedness, warrants, commercial paper, contracts, and leases, whether they are general obligations of the issuing public body or are payable solely from a specified source, including annual appropriations by the public body. See Utah Code 11-30-2
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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.
  • Person: means any person, association, corporation, or other entity. See Utah Code 11-30-2
  • Public body: means the state or any agency, authority, instrumentality, or institution of the state, or any county, municipality, quasi-municipal corporation, school district, special district, special service district, political subdivision, or other governmental entity existing under the laws of the state, whether or not possessed of any taxing power. See Utah Code 11-30-2
  • Validity: means any matter relating to the legality and validity of the bonds and the security therefor, including, without limitation, the legality and validity of:
(a) a public body's authority to issue and deliver the bonds;
(b) any ordinance, resolution, or statute granting the public body authority to issue and deliver the bonds;
(c) all proceedings, elections, if any, and any other actions taken or to be taken in connection with the issuance, sale, or delivery of the bonds;
(d) the purpose, location, or manner of the expenditure of funds;
(e) the organization or boundaries of the public body;
(f) any assessments, taxes, rates, rentals, fees, charges, or tolls levied or that may be levied in connection with the bonds;
(g) any lien, proceeding, or other remedy for the collection of those assessments, taxes, rates, rentals, fees, charges, or tolls;
(h) any contract or lease executed or to be executed in connection with the bonds;
(i) the pledge of any taxes, revenues, receipts, rentals, or property, or encumbrance thereon or security interest therein to secure the bonds; and
(j) any covenants or provisions contained in or to be contained in the bonds. See Utah Code 11-30-2
(2)  After a final judgment has been entered holding the bonds to be valid, as to any action or proceeding contesting the validity of the bonds or any other matter adjudicated or that might have been adjudicated in the proceedings:

(a)  no court has jurisdiction to adjudicate such matters; and

(b)  all rights of taxpayers, citizens, and others to litigate such matters shall lapse.

Enacted by Chapter 197, 1987 General Session

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