Tooele County v. Erda Community Assoc.
Tooele County v. Erda Community Assoc., 2022 UT App 123 (Harris, J.)
An Association asked a district to review an administrative appeal it was not a party to. The County filed a motion to dismiss, arguing the Association had failed to exhaust its administrative remedies. The district court concluded that an exception to the exhaustion requirement applied and denied the County’s motion to dismiss. The County filed for interlocutory review. On interlocutory review, the Court of Appeals reversed and remanded for entry of an order of dismissal, holding:
- The district court erred when it denied the County’s motion to dismiss. The Association failed to exhaust its administrative remedies and failed to demonstrate that any exception to the exhaustion requirement applied. As a result, the district court had no subject matter jurisdiction to consider the Association’s petition for judicial review.