Olsen v. Park City Municipal Corporation, 2013 UT App 262 (November 7, 2013)
Nov 7, 2013
The Utah Court of Appeals held that a challenge to a municipal land use ordinance is timely when filed within thirty days after the ordinance becomes effective. The Municipal Land Use, Development, and Management Act provides that a challenge to an ordinance must be filed no later than “thirty days after the enactment.” Utah Code Ann. § 10-9a-801(5) (LexisNexis 2012). The court rejected a city’s argument that “enactment” meant passage by the city council, concluding that the term means “all necessary steps to give an ordinance the validity of law.” Olsen, 2013 UT App 262, ¶ 13.