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Utah Senate approves measure allowing limited damages for wrongfully enjoining state projects
Summary
The Utah Senate passed a bill creating a cause of action to recover damages when state or federally approved projects are wrongfully enjoined, but senators debated the scope and potential chilling effect on citizens’ access to courts. Sponsors narrowed the bill during floor debate to require both state and federal approval before it applies.
Salt Lake City — The Utah Senate advanced legislation Thursday to allow state courts to assess costs and damages against parties who wrongfully enjoin state projects, a change supporters said closes a legal gap and opponents said could chill public challenges to government decisions.
Senator Bob Spencer, sponsor of Senate Bill 183, told colleagues the bill would let state agencies, contractors and workers recover damages when a lawsuit meant to stop a state or federally approved project fails. “This would allow state, or it would allow the…
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