52-4-302. Suit to void final action -- Limitation -- Exceptions.
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Effective 5/1/2024
52-4-302. Suit to void final action -- Limitation -- Exceptions.
(a)Any final action taken in violation of Section 52-4-201 , 52-4-202 , 52-4-207 , 52-4-208 , 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
(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.
(4)In a suit under this section to void a final action in violation of Section 52-4-208 , a court may award a prevailing plaintiff a reasonable attorney fee and costs.
Amended by Chapter 392 , 2024 General Session