The Appellate Group

Church of Tonga v. Division of Corporations

Church of Tonga v. Division of Corporations, 2022 UT App 102 (Mortensen, J.)

Corporation

After extensive litigation, a district court dismissed the Church of Tonga’s complaint, concluding that the Division of Corporations did not possess the authority to determine the validity of the Church of Tonga’s amended articles. The Utah Court of Appeals affirmed, holding:

  • The district court correctly concluded that the Division of Corporations lacked the authority to determine the validity or invalidity of the Church of Tonga’s amended articles. The Division never had the authority to make a determination about the validity of documents filed with it, so it was not improper for the Division to defer to the authority of the district court’s determination that the Amended Articles were invalid.

Read the full court opinion