17B-1-313.  Publication of notice of board resolution or action — Contest period — No contest after contest period.

(1)  After the board of trustees of a special district adopts a resolution or takes other action on behalf of the district, the board may provide for the publication of a notice of the resolution or other action.

Terms Used In Utah Code 17B-1-313

  • Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or other legal entity. See Utah Code 17B-1-102
  • Special district: means a limited purpose local government entity, as described in Section 17B-1-103, that operates under, is subject to, and has the powers described in:
(a) this chapter; or
(b) 
(i) this chapter; and
(ii) 
(A) 1;
(B) 2;
(C) 3;
(D) 4;
(E) 5;
(F) 6;
(G) 7;
(H) 8;
(I) 9;
(J) 10; or
(K) 11. See Utah Code 17B-1-102
(2)  Each notice under Subsection (1) shall:

(a)  include, as the case may be:

(i)  the language of the resolution or a summary of the resolution; or

(ii)  a description of the action taken by the board;

(b)  state that:

(i)  any person in interest may file an action in district court to contest the regularity, formality, or legality of the resolution or action within 30 days after the date of publication; and

(ii)  if the resolution or action is not contested by filing an action in district court within the 30-day period, no one may contest the regularity, formality, or legality of the resolution or action after the expiration of the 30-day period; and

(c)  be published for the special district, as a class A notice under Section 63G-30-102, for at least 30 days.

(3)  For a period of 30 days after the date of the publication, any person in interest may contest the regularity, formality, or legality of the resolution or other action by filing an action in district court.

(4)  After the expiration of the 30-day period under Subsection (3), no one may contest the regularity, formality, or legality of the resolution or action for any cause.

Amended by Chapter 15, 2023 General Session
Amended by Chapter 435, 2023 General Session