Herr v. Salt Lake County

(dissenting) :

Three propositions combine to persuade me' that the decision of the Board of County Commissioners should not be voided on procedural grounds. (In view of the disposition of this case, consideration of the merits of their decision rejecting construction of the condominium is not reached.)

First: A requirement that a tribunal, performing judicial functions, “shall” act within a stated time is usually considered to be directory rather than mandatory; and before a negation of jurisdiction is justified because of delay in making a decision, prejudice to the party complaining must be…