MFRE River Jordan Mink Ranch South SLLC, MFRE LLC, MFRE River Jordan Mink Ranch North SLLC, Joshua McLachlan, and Scott McLachlan v. City of Saratoga Springs

Summary

The Utah Court of Appeals affirmed the denial of MFRE’s motion to dismiss the City of Saratoga Springs’ eminent domain action. The court held that the City satisfied the statutory timing requirements for disclosure materials and complied with notice and hearing requirements, despite an agenda error categorizing the condemnation resolution as a consent item.

Holdings

1. The City complied with Utah Code section 78B-6-505's timing requirements because the written statement required by section 78B-6-505(2)(b)(ii), the disclosure subject to the 30-day waiting period, was provided in the November Letter more than 30 days before suit, and the Ombudsman's Materials were provided at least 14 days before the public meeting.
2. The City strictly complied with Utah Code section 78B-6-504(4)'s notice and hearing requirements because it mailed MFRE notice of the meeting at least 10 business days beforehand, specifically informed MFRE of its right to attend and be heard, and provided MFRE an opportunity to speak at the meeting.

Questions Presented

1. Whether the City satisfied Utah Code section 78B-6-505(3)'s 30-day waiting period for filing an eminent domain action when the statutory written statement was provided in the November Letter more than 30 days before suit, while the Ombudsman's Materials were provided in later letters.
2. Whether the City satisfied Utah Code section 78B-6-504(4)'s notice and hearing requirements despite initially listing the eminent domain resolution as a consent item on the public meeting agenda.

Disposition

affirmed