63G-2-802 - Injunction -- Attorney fees. - Utah Statutes

63G-2-802. Injunction -- Attorney fees.
(1) A district court in this state may enjoin any governmental entity or politicalsubdivision that violates or proposes to violate the provisions of this chapter.
(2) (a) A district court may assess against any governmental entity or politicalsubdivision reasonable attorney fees and other litigation costs reasonably incurred in connectionwith a judicial appeal of a denial of a records request if the requester substantially prevails.
(b) In determining whether to award attorneys' fees under this section, the court shallconsider:
(i) the public benefit derived from the case;
(ii) the nature of the requester's interest in the records; and
(iii) whether the governmental entity's or political subdivision's actions had a reasonablebasis.
(c) Attorney fees shall not ordinarily be awarded if the purpose of the litigation isprimarily to benefit the requester's financial or commercial interest.
(3) Neither attorney fees nor costs shall be awarded for fees or costs incurred duringadministrative proceedings.
(4) Notwithstanding Subsection (2), a court may only award fees and costs incurred inconnection with appeals to district courts under Subsection 63G-2-404(2) if the fees and costswere incurred 20 or more days after the requester provided to the governmental entity or politicalsubdivision a statement of position that adequately explains the basis for the requester's position.
(5) Claims for attorney fees as provided in this section or for damages are subject to Title63G, Chapter 7, Governmental Immunity Act of Utah.

Renumbered and Amended by Chapter 382, 2008 General Session