Cardiff Wales, LLC v. Washington County School District
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The Supreme Court reversed the decision of the court of appeals affirming the conclusion of the district court dismissing Plaintiff's complaint against Washington County School District claiming that the School District had failed to offer it the right of first refusal to repurchase its former property, holding that the court of appeals erred in its interpretation of Utah Code 78-34-20(1)(b), replaced by Utah Code 78B-6-521(1)(a)(ii).
Several years after Plaintiff sold a parcel of land to the School District the School District resold the property. Because Utah law requires a government entity to offer property acquired through condemnation or a threat of condemnation to the original owner before disposing of it Plaintiff bought suit, arguing that the School district acquired its property under a threat of condemnation. The district court dismissed the suit for failure to state a claim. The court of appeals affirmed, concluding that a government entity does not specifically authorize the use of eminent domain until it approves an eminent domain lawsuit in an open meeting. The Supreme Court reversed, holding that the statute did not support the appellate court's interpretation of what it means to be specifically authorized.
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