Bleazard v. City of Erda
Bleazard v. City of Erda, 2024 UT 17 (Hagen, J.)
Jurisdiction
After the City of Erda was incorporated, several Landowners challenged its incorporation under the Utah Declaratory Judgment Act, naming Erda and the Lieutenant Governor—who certified its incorporation—as defendants in the suit. Both Erda and the Lieutenant Governor moved to dismiss, but the district court denied the motion. The defendants then petitioned for interlocutory appeal, and the Utah Supreme Court reversed, holding:
- The Landowners’ claim for declaratory relief must be dismissed as a matter of law because the legislature did not grant affected citizens a private right of action to enforce the incorporation code’s requirements.
- Practice tip: A declaratory judgment action is non-justiciable if the plaintiff lacks a protectable legal interest in the controversy.