52-4-302. Suit to void final action — Limitation — Exceptions.
(1)
Terms Used In Utah Code 52-4-302
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.
Meeting: means the convening of a public body or a specified body, with a quorum present, including a workshop or an executive session, whether in person or by means of electronic communications, for the purpose of discussing, receiving comments from the public about, or acting upon a matter over which the public body or specified body has jurisdiction or advisory power. See Utah Code 52-4-103
Public body: includes :
(i)
an interlocal entity or joint or cooperative undertaking, as those terms are defined in Section 11-13-103;
(ii)
a governmental nonprofit corporation as that term is defined in Section 11-13a-102;
(iii)
the Utah Independent Redistricting Commission; and
Any final action taken in violation of Section 52-4-201, 52-4-202, 52-4-207, or 52-4-209 is voidable by a court of competent jurisdiction.
(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:
(i)
the posting is made for a meeting that is held before April 1, 2009; or
(ii)
(A)
the public body otherwise complies with the provisions of Section 52-4-202; and
(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.
