Utah Code 63L-5-301. Remedies
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(1)
Terms Used In Utah Code 63L-5-301
- Free exercise of religion: means an act or refusal to act that is substantially motivated by sincere religious belief, whether or not the act or refusal is compulsory or central to a larger system of religious belief, and includes the use, building, or conversion of real property for the purpose of religious exercise. See Utah Code 63L-5-102
- Government entity: means the state, a county, a municipality, a higher education institution, a special district, a special service district, any other political subdivision of the state, or any administrative subunit of any of them. See Utah Code 63L-5-102
- 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.
- Land use regulation: means any state or local law or ordinance, whether statutory or otherwise, that limits or restricts a person's use or development of land or a structure affixed to land. See Utah Code 63L-5-102
- Person: means any individual, partnership, corporation, or other legal entity that owns an interest in real property. See Utah Code 63L-5-102
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Venue: The geographical location in which a case is tried.
(1)(a) A person whose free exercise of religion has been substantially burdened by a government entity in violation of Section 63L-5-201 may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration.
(1)(b) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, the person shall bring an action described in Subsection (1)(a) in the county where the largest portion of the property subject to the land use regulation is located if the action is brought in the district court.
(2) Any person who asserts a claim or defense against a government entity under this chapter may request:
(2)(a) declaratory relief;
(2)(b) temporary or permanent injunctive relief to prevent the threatened or continued violation; or
(2)(c) a combination of declaratory and injunctive relief.
(3) A person may not bring an action under this chapter against an individual, other than an action against an individual acting in the individual’s official capacity as an officer of a government entity.